Stewards TrainingStewards TrainingLocal 365Local 365

What Is A Job Steward?What Is A Job Steward?Union stewardsUnion stewards represent departments, represent departments,

shifts, and work sites. They shifts, and work sites. They monitor monitor collective-bargaining agreements, collective-bargaining agreements, adviseadvise employees on contract provisions, employees on contract provisions, confrontconfront employers over safety issues, employers over safety issues, and and representrepresent employees in grievance employees in grievance proceedings. proceedings.

A Union Stewards rights are determined by three basic A Union Stewards rights are determined by three basic factors:factors:

1.1. Union SolidarityUnion Solidarity.. This is the cohesion and determination of This is the cohesion and determination of employees you represent. A steward backed by a unified group, employees you represent. A steward backed by a unified group, willing to act if the steward is attacked, has significant freedom of willing to act if the steward is attacked, has significant freedom of action.action.      

2.2. Contract Rights.Contract Rights. A strong union contract forbids discrimination A strong union contract forbids discrimination against union activities and guarantees time for union business.against union activities and guarantees time for union business.   

3.3. Labor Law RightsLabor Law Rights.. Federal and state labor laws prohibit Federal and state labor laws prohibit interference with legitimate union activities, protect stewards in interference with legitimate union activities, protect stewards in presenting grievances, force employers to supply grievance presenting grievances, force employers to supply grievance information, and require employers to bargain before making information, and require employers to bargain before making changes that affect employees.changes that affect employees.

Know your rights.Know your rights.► You are management's equal in all matters You are management's equal in all matters

relating to the contract and the union-relating to the contract and the union-employer relationshipemployer relationship. .

► Your contract may outline some of your rights Your contract may outline some of your rights as a steward but much of it has a legal basis. as a steward but much of it has a legal basis. That means the "sit down and shut up" That means the "sit down and shut up" mentality of some supervisors is incorrect, mentality of some supervisors is incorrect, unprofessional, and in some cases downright unprofessional, and in some cases downright illegal. If you are denied rights which make your illegal. If you are denied rights which make your defense of a member impossible, make sure defense of a member impossible, make sure your local is aware of this situation--your local is aware of this situation--immediately. immediately.

The Roles of a Steward The Roles of a Steward The roles of the Steward The roles of the Steward

can best be described can best be described as:as:

►NNegotiatoregotiator► LLeadereader► EEducatorducator ► CCommunicatorommunicator ►OOrganizerrganizer ► PPolitical activistolitical activist►Welcome CommitteeWelcome Committee

► NegotiatorNegotiatorThe primary negotiating task of the steward is the handling of The primary negotiating task of the steward is the handling of grievances. Listed below are the things that a steward should do grievances. Listed below are the things that a steward should do and know to fulfill the role of negotiator and suggestions as to how and know to fulfill the role of negotiator and suggestions as to how to handle them: to handle them:                                 

► How you go about it:How you go about it:1.  Check all available facts before taking an issue to management. 1.  Check all available facts before taking an issue to management. 2.  Prepare your case so that it is clear, complete and to the point. 2.  Prepare your case so that it is clear, complete and to the point. 3.  Be careful to observe all contract requirements on grievance 3.  Be careful to observe all contract requirements on grievance

handling. handling. 4.  In dealing with your supervisor be business-like, polite and firm. 4.  In dealing with your supervisor be business-like, polite and firm.      (a)   Don't bully or threaten.      (a)   Don't bully or threaten.      (b)  Treat the other person with respect and demand you be      (b)  Treat the other person with respect and demand you be treated in the same manner. treated in the same manner. 5.Keep the grievance's informed as to the status o the grievance. 5.Keep the grievance's informed as to the status o the grievance. 6.Follow through all the way to final settlement.6.Follow through all the way to final settlement.

► LeaderLeaderThe steward must take the leadership role in his/her The steward must take the leadership role in his/her department. He/She must set an example for other workers department. He/She must set an example for other workers to follow. The steward must make decisions which uphold to follow. The steward must make decisions which uphold the terms of the collective bargaining agreement and the the terms of the collective bargaining agreement and the union constitution and bylaws. Listed below are the things union constitution and bylaws. Listed below are the things the steward should do and know to fulfill the role of leader the steward should do and know to fulfill the role of leader and suggestion as to how to do them: and suggestion as to how to do them:                               

► How You go about itHow You go about it1.  Know the facts, write them down, and talk them over. 1.  Know the facts, write them down, and talk them over. 2.  Keep the people who are being affected informed on the 2.  Keep the people who are being affected informed on the course course of action. of action. 3.  Give credit where credit is due. 3.  Give credit where credit is due. 4.  Ask for advice and help. You can't know everything. 4.  Ask for advice and help. You can't know everything. 5.  Keep your word and deal fairly and impartially. 5.  Keep your word and deal fairly and impartially.

► EducatorEducatorThe steward has the responsibility of educating the members in The steward has the responsibility of educating the members in his/her department, both the old and the new, about the collective his/her department, both the old and the new, about the collective bargaining agreement, union policy, and why changes occurred. bargaining agreement, union policy, and why changes occurred. Listed below are some of the things that the steward should do and Listed below are some of the things that the steward should do and know to fulfill the role of educator and suggestions as to how to do know to fulfill the role of educator and suggestions as to how to do them: them:                             

► How you go about it:How you go about it:1.  Make person to person contact daily - tell your story - ask for 1.  Make person to person contact daily - tell your story - ask for

ideas. ideas. 2.  Distribute union periodicals and literature. 2.  Distribute union periodicals and literature. 3.  Enlarge your own knowledge by attending classes whenever 3.  Enlarge your own knowledge by attending classes whenever available and share this knowledge with your fellow members. available and share this knowledge with your fellow members. 4.  Keep your communication lines open - invite criticism, 4.  Keep your communication lines open - invite criticism, suggestion and full discussion. suggestion and full discussion.

► CommunicatorCommunicatorThe role of communicator runs throughout every other role of The role of communicator runs throughout every other role of the steward. As a democratic institution, a breakdown in the steward. As a democratic institution, a breakdown in communication can seriously damage a union. Listed below communication can seriously damage a union. Listed below are some of the things that the steward should do and know are some of the things that the steward should do and know to fulfill the role of communicator, and suggestions as to how to fulfill the role of communicator, and suggestions as to how to do them: to do them:                           

► How You go about itHow You go about it1.  Make sure your local has its own newsletter and that 1.  Make sure your local has its own newsletter and that everyone everyone receives it. receives it. 2.  Talk to the members daily about the union, ask questions 2.  Talk to the members daily about the union, ask questions and and listen to the responses. listen to the responses. 3.  Become an active listener as an important way to build 3.  Become an active listener as an important way to build solidarity solidarity in your union. Active listening is one of the in your union. Active listening is one of the best methods to best methods to build solidarity in your union. build solidarity in your union. 4.  Keep the union bulletin board updated. Use eye-catching 4.  Keep the union bulletin board updated. Use eye-catching fliers fliers whenever possible. whenever possible.

► OrganizerOrganizerOrganizing the unorganized is the charge of all unionist, Organizing the unorganized is the charge of all unionist, whether they be an international officer, local union officer, or whether they be an international officer, local union officer, or a steward. A major task of the steward is to organize the a steward. A major task of the steward is to organize the members in his/her department. Listed below are the things members in his/her department. Listed below are the things the steward should know to fulfill the role of organizer and the steward should know to fulfill the role of organizer and suggestions as to how to do them: suggestions as to how to do them:                           

► How you go about it:How you go about it:1.  Respect the sincerity and opinions of every worker. 1.  Respect the sincerity and opinions of every worker. 2.  Treat all alike regardless of face, sex color or political 2.  Treat all alike regardless of face, sex color or political beliefs. beliefs. 3.  Protect the interest of the non-union worker as diligently as 3.  Protect the interest of the non-union worker as diligently as you you may defend the union member. may defend the union member. 4.  Recognize that your union is a voluntary association of free 4.  Recognize that your union is a voluntary association of free men men and women. Solid support can only be won through and women. Solid support can only be won through reason, reason, persuasion and effective representation. persuasion and effective representation. 5.  Keep everlastingly at it. 5.  Keep everlastingly at it. 6.  Be Sure To 6.  Be Sure To MEET THE NEW HIRE ON THE FIRST DAY!!!MEET THE NEW HIRE ON THE FIRST DAY!!!

► Political ActivistPolitical ActivistThe steward has the responsibility to make the members The steward has the responsibility to make the members aware of political affairs that effect their livelihood and social aware of political affairs that effect their livelihood and social well-being, including keeping them informed as to legislation well-being, including keeping them informed as to legislation that affects the collective bargaining process and climate. the that affects the collective bargaining process and climate. the steward should also become involved in politics by helping on steward should also become involved in politics by helping on campaigns of labor-endorsed candidates. Listed below are the campaigns of labor-endorsed candidates. Listed below are the things the steward should do and know to fulfill the role of things the steward should do and know to fulfill the role of political activist and suggestions as to how to do them: political activist and suggestions as to how to do them:                           

► How You go about itHow You go about it1.  Read newspapers and union literature, such as the AFL-CIO 1.  Read newspapers and union literature, such as the AFL-CIO

News, The Legislative Alert, and your international News, The Legislative Alert, and your international paper, so paper, so that you understand the issues from a labor that you understand the issues from a labor perspective. perspective. 2.  Attend education programs that address the issues. 2.  Attend education programs that address the issues. 3.  Volunteer to work on a phone bank, knock on doors, stuff 3.  Volunteer to work on a phone bank, knock on doors, stuff

envelopes or pass out fliers for a labor endorsed envelopes or pass out fliers for a labor endorsed candidate. candidate. 4.  Organize letter writing campaigns to your representatives 4.  Organize letter writing campaigns to your representatives on on important labor issues. important labor issues. 5.  Participate in "actions" organized by your union, such as 5.  Participate in "actions" organized by your union, such as rallies rallies and marches. and marches. 6.  Distribute union literature to all members. 6.  Distribute union literature to all members.

  In Your Role As An Organizer, Be Sure ToIn Your Role As An Organizer, Be Sure To MEET THE NEW HIRE ON THE FIRST DAYMEET THE NEW HIRE ON THE FIRST DAY

What do you think the new hire wants and needs to know the first What do you think the new hire wants and needs to know the first day on the job? day on the job? Do you remember your "FIRST DAY" on the job? Do you remember your "FIRST DAY" on the job? Put yourself in the new hire's shoes! That plant or office, Put yourself in the new hire's shoes! That plant or office, department, job, and everything about it is going to be NEW---department, job, and everything about it is going to be NEW---STRANGE----and just a little bit UNREAL. Remember? The new hire is STRANGE----and just a little bit UNREAL. Remember? The new hire is going to want to know, and will be thinking about, many things. If going to want to know, and will be thinking about, many things. If you were the new hire, would you be thinking. you were the new hire, would you be thinking.

1.  1.  Should I really be here? Should I really be here? 2.2.  What's expected of me on the job?   What's expected of me on the job? 3.3.  How much "break-in" will I have before I'm on my own?   How much "break-in" will I have before I'm on my own? 4.4.  Can I do the job?   Can I do the job? 5.5.  How will the other workers accept me?   How will the other workers accept me? 6.6.  Where did they say the rest rooms and vending areas are?   Where did they say the rest rooms and vending areas are? 7.7.  What should I remember about what the Boss told me? The   What should I remember about what the Boss told me? The Union rep? Union rep? 8.8. By the way, I wonder what a union rep really looks like? After all, By the way, I wonder what a union rep really looks like? After all, I don't I don't know much about leaders. know much about leaders. That first day is so rough that most people remember it for the rest That first day is so rough that most people remember it for the rest of their lives! The first day is when the new hire needs a friendly of their lives! The first day is when the new hire needs a friendly "welcome" . Remember? "welcome" . Remember?

Establishing Yourself In The Role Of StewardEstablishing Yourself In The Role Of StewardFor new stewards the first few days on the job as a For new stewards the first few days on the job as a union representative are critically important. You union representative are critically important. You have to demonstrate to the membership that you can have to demonstrate to the membership that you can get the job done. Your members must feel get the job done. Your members must feel comfortable coming to you to resolve work-related comfortable coming to you to resolve work-related issues.issues.At the same time, your supervisor and other At the same time, your supervisor and other management personnel are going to watch you and management personnel are going to watch you and probably test you. probably test you.

► Establish your positionEstablish your position ►Management's testManagement's test ► Establish the UnionEstablish the Union ►Represent the rank and fileRepresent the rank and file ►Build solidarityBuild solidarity

Establish your position.Establish your position. When workers go directly to management, to another When workers go directly to management, to another steward or to a higher union officer with a grievance, steward or to a higher union officer with a grievance, without going through their assigned steward, we call that without going through their assigned steward, we call that process bypassing. Bypassing is a problem for many process bypassing. Bypassing is a problem for many stewards, especially new ones.stewards, especially new ones.Sometimes the employee may speak with the immediate Sometimes the employee may speak with the immediate supervisor to solve problems informally. Whenever supervisor to solve problems informally. Whenever possible, we should encourage the member to bring along possible, we should encourage the member to bring along his/her shop steward to make sure that the employee gets his/her shop steward to make sure that the employee gets treated fairly. Often, when members go into meetings with treated fairly. Often, when members go into meetings with their supervisors they are unaware of their rights and the their supervisors they are unaware of their rights and the stipulations of the contract.stipulations of the contract.As a steward you cannot assume that the membership will As a steward you cannot assume that the membership will automatically respect your abilities. Respect must be automatically respect your abilities. Respect must be earned by showing the members that you will apply your earned by showing the members that you will apply your skills and knowledge of the contract to represent all the skills and knowledge of the contract to represent all the members to the best or your ability.members to the best or your ability.Keep the lines of communication open between yourself Keep the lines of communication open between yourself and other union representatives. and other union representatives.

Management's test.Management's test.

Remember that if you are a new steward, Remember that if you are a new steward, management will often test you to see how well you management will often test you to see how well you represent the member.represent the member. That test may be in the form That test may be in the form of denying you reasonable time to do your job or of denying you reasonable time to do your job or giving you an extension of a time limit on a first step giving you an extension of a time limit on a first step grievance. Your supervisor may try in some way to grievance. Your supervisor may try in some way to interfere with your investigation of a grievance by interfere with your investigation of a grievance by denying access to records. Or the supervisor may denying access to records. Or the supervisor may simply say no at your grievance meeting even simply say no at your grievance meeting even though your member's grievance is a clear case of though your member's grievance is a clear case of injustice and a breach of the agreement.injustice and a breach of the agreement.

Expect to be tested. Don't get angry or frustrated. Expect to be tested. Don't get angry or frustrated. Supervisors are often trained to incite a steward so Supervisors are often trained to incite a steward so that they will blow the grievance meeting. Don't lose that they will blow the grievance meeting. Don't lose your cool. your cool.

Establish the UnionEstablish the Union

When they hire in, new workers are often given expensive When they hire in, new workers are often given expensive "orientation" from management, but may not be exposed to "orientation" from management, but may not be exposed to the union view. Not realizing the struggle that went into the union view. Not realizing the struggle that went into winning these gains, many of them may believe that wages winning these gains, many of them may believe that wages and conditions they enjoy come from the goodness of and conditions they enjoy come from the goodness of someone's heart.someone's heart.

Get those new members early. Even if they are on probation, a Get those new members early. Even if they are on probation, a friendly piece of advice and support will be long remembered. friendly piece of advice and support will be long remembered.

Represent the rank and fileRepresent the rank and file Always Always treat the member with respect and dignity.treat the member with respect and dignity. Work with Work with the member. It is a sign of empowerment and the strength of the member. It is a sign of empowerment and the strength of the union as a group. The operative word is always the union as a group. The operative word is always "we""we" not I. not I. The word "they" is always reserved for the company or The word "they" is always reserved for the company or management, not the local union or the international. If you management, not the local union or the international. If you truly believe that the union is not simply a servicing center for truly believe that the union is not simply a servicing center for the membership, then these terms should be second-nature.the membership, then these terms should be second-nature.

Always tell the truth.Always tell the truth. Sometimes you will have to say "no" and Sometimes you will have to say "no" and then try to convince the member that you are right. Have a then try to convince the member that you are right. Have a reason for the decision and have some alternative strategy for reason for the decision and have some alternative strategy for the member if the situation merits it.the member if the situation merits it.You have to keep favoritism out of the grievance procedure You have to keep favoritism out of the grievance procedure and avoid letting your personal feeling about a member cloud and avoid letting your personal feeling about a member cloud the way you represent him or her.the way you represent him or her.When one group of members is pitted against another, and When one group of members is pitted against another, and while those who are favored might think small advantages are while those who are favored might think small advantages are worth fighting for, everyone loses. Fair representation is a worth fighting for, everyone loses. Fair representation is a basic principle of unionism because:basic principle of unionism because:1. 1. It is right and the members are right to expect it.It is right and the members are right to expect it.2. 2. Because it works to the benefit of all.Because it works to the benefit of all.3. 3. Because when it is missing, or someone thinks that it is Because when it is missing, or someone thinks that it is missing, there are likely to be legal difficulties for the union missing, there are likely to be legal difficulties for the union and its officers.and its officers.Time and money spent on legal defense would be better spent Time and money spent on legal defense would be better spent in building the union.in building the union.

Build solidarityBuild solidarity

Being situated right in the middle of the structure amid the union, Being situated right in the middle of the structure amid the union, management and the rank and file, the grievance representative management and the rank and file, the grievance representative can do a lot to build unity. In everything you do, you are setting can do a lot to build unity. In everything you do, you are setting an example to the rank-and-file that they have power and that an example to the rank-and-file that they have power and that power is the union. Your actions every day build the union.power is the union. Your actions every day build the union.   

New Stewards Take NoteNew Stewards Take NoteYou were just elected as steward for your section or work area. You were just elected as steward for your section or work area. Congratulations. Today is the first day of your new life.  With that Congratulations. Today is the first day of your new life.  With that title comes the important responsibility of defending the union and title comes the important responsibility of defending the union and it's members. it's members. First of all, remember that as a  steward of the union you have the First of all, remember that as a  steward of the union you have the support of your local, your international union and the 100,000 support of your local, your international union and the 100,000 members who comprise the union. That means that if you don't members who comprise the union. That means that if you don't know the answer to questions or are not familiar with procedures, know the answer to questions or are not familiar with procedures, ask your local leadership. With your position comes a huge ask your local leadership. With your position comes a huge responsibility and you need to be able to provide the right answers responsibility and you need to be able to provide the right answers to members and follow the correct procedures in your dealings with to members and follow the correct procedures in your dealings with management. Your members will respect you for following this management. Your members will respect you for following this simple advice. simple advice. Take your time. Listen carefully. Write things down. Buy yourself a Take your time. Listen carefully. Write things down. Buy yourself a spiral notebook and begin to document your activities. If you spiral notebook and begin to document your activities. If you investigate a grievance, write down the 5W's in your notebook or investigate a grievance, write down the 5W's in your notebook or on on the grievance investigation sheet that the local provides with the grievance investigation sheet that the local provides with the grievance form.the grievance form.

Nobody's PerfectNobody's PerfectWe all make mistakes.We all make mistakes. We're human. Shop stewards even We're human. Shop stewards even make mistakes. Some of these mistakes are particularly make mistakes. Some of these mistakes are particularly serious. serious. Here is a list of Here is a list of 20 mistakes20 mistakes that shop that shop stewards makestewards make. Read them over. Nod your heads. But . Read them over. Nod your heads. But don't make them again!don't make them again!  

1.1. Always wait until a workers comes to you with a grievance.   Always wait until a workers comes to you with a grievance.   2.2. Walk around the worksite with a chip on your shoulder.   Walk around the worksite with a chip on your shoulder.   3.3. Pretend to know all the answers to all problems.   Pretend to know all the answers to all problems.   4.4. Give out false information or spread rumors.   Give out false information or spread rumors.   5.5. Fail to keep members posted on disposition of grievances.   Fail to keep members posted on disposition of grievances.   6.6. Violate company rules. Violate company rules. 7.7. Violate the contract. Violate the contract. 8.8. Always try to talk members out of filing grievances.   Always try to talk members out of filing grievances.   9.9. Present a grievance that isn't one.   Present a grievance that isn't one.   10.10.Forget to investigate a grievance thoroughly before Forget to investigate a grievance thoroughly before

handling. handling.

20 mistakes that shop stewards make20 mistakes that shop stewards make (continued)(continued)

11.11.Blow up when dealing with the supervisor or workers. Blow up when dealing with the supervisor or workers. 12.12.Use profane language to intimidate the boss. Use profane language to intimidate the boss. 13.13.Argue a grievance by taking personal issue with the supervisor Argue a grievance by taking personal issue with the supervisor

and directing personal remarks. and directing personal remarks. 14.14.Miss membership meetings. Miss membership meetings. 15.15.Bawl out a member in front of co-workers or in front of a Bawl out a member in front of co-workers or in front of a

supervisor. supervisor. 16.16.Stall when workers call you. Stall when workers call you. 17.17.Keep all the information to yourself. Keep all the information to yourself. 18.18.Permit workers to push you around. Permit workers to push you around. 19.19.Enhance the supervisor's prestige by permitting the supervisor Enhance the supervisor's prestige by permitting the supervisor

to use you as means of doing his/her dirty work, such as to use you as means of doing his/her dirty work, such as enforcing company rules or calling the workers down for minor enforcing company rules or calling the workers down for minor abuse of certain privileges negotiated by the union. abuse of certain privileges negotiated by the union.

20.20.Manage the workers. Manage the workers.

Ten Mistakes A Steward Should Ten Mistakes A Steward Should NeverNever Make Make

1.  1.  Miss your deadline.Miss your deadline. You know what the contract says, but somehow You know what the contract says, but somehow you forget to file the grievance within the specified time. The grievance, in you forget to file the grievance within the specified time. The grievance, in almost every case, becomes history. Two pieces of advice. Keep a calendar almost every case, becomes history. Two pieces of advice. Keep a calendar diary with dates marked in red so you won't miss deadlines. And if you diary with dates marked in red so you won't miss deadlines. And if you need more time, ask for an extension from management and get it in need more time, ask for an extension from management and get it in writing. writing. 2.  2.  Never get back to the grievant.Never get back to the grievant. This usually happens when the This usually happens when the steward determines that the member has no grievance. Rather than be the steward determines that the member has no grievance. Rather than be the bearer of bad tidings, the steward disappears. This is irresponsible. If the bearer of bad tidings, the steward disappears. This is irresponsible. If the issue is not grievable under the contract, see if it can be resolved in issue is not grievable under the contract, see if it can be resolved in another manner. If not, tell the member that the issue cannot be written as another manner. If not, tell the member that the issue cannot be written as a grievance, and give him/her the reasons. a grievance, and give him/her the reasons. 3.  3.  Bad mouth the union.Bad mouth the union. If you have a problem with the way things are If you have a problem with the way things are done or with your leadership, discuss the issue's in a rational manner. Get done or with your leadership, discuss the issue's in a rational manner. Get off the soapbox and see if the difference can be resolved. There's plenty of off the soapbox and see if the difference can be resolved. There's plenty of room for discussion and disagreement. But when it spills out on the shop room for discussion and disagreement. But when it spills out on the shop floor or at a meeting when management is present, such disagreements floor or at a meeting when management is present, such disagreements can permanently weaken the union. A house divided against itself will fail. can permanently weaken the union. A house divided against itself will fail. 4.  4.  Drop the routine fly ball.Drop the routine fly ball. You are the steward with responsibilities You are the steward with responsibilities outlined by the constitution and by-laws. You should not make basic outlined by the constitution and by-laws. You should not make basic mistakes. Grievances should be written correctly. Information should be mistakes. Grievances should be written correctly. Information should be shared. You should know your rights. If you are unsure or don't know the shared. You should know your rights. If you are unsure or don't know the answer, ask. answer, ask. 5.  5.  Sit down and shut up at meetings with management.Sit down and shut up at meetings with management. In your role In your role as a steward you are the union advocate. This role is an active one. You are as a steward you are the union advocate. This role is an active one. You are the equal of management. You may ask questions, ask for and get records the equal of management. You may ask questions, ask for and get records to process grievances, and even raise your voice at meetings when to process grievances, and even raise your voice at meetings when necessary.necessary.

Ten Mistakes A Steward Should Ten Mistakes A Steward Should NeverNever Make (continued) Make (continued)

6.  6.  Lose control.Lose control. A major no no. You or a member may be baited at a A major no no. You or a member may be baited at a grievance meeting so that you will get angry. A steward who argues out of grievance meeting so that you will get angry. A steward who argues out of anger and not facts will lose the grievance. Period. anger and not facts will lose the grievance. Period. 7.  7.  Write long grievances.Write long grievances. Grievances should be short and sweet. Grievances should be short and sweet. Management is being paid big salaries to supervise. Don't do the work for Management is being paid big salaries to supervise. Don't do the work for them. Your grievances should identify the grievant, outline the problem in them. Your grievances should identify the grievant, outline the problem in a sentence or two, state what article of the contract is being violated, and a sentence or two, state what article of the contract is being violated, and what remedy you want to make the grievant whole. Save the arguments what remedy you want to make the grievant whole. Save the arguments for the meeting. A good poker player never tips his/her hand. for the meeting. A good poker player never tips his/her hand. 8.  8.  Meet the grievant for the first time at the grievance hearing.Meet the grievant for the first time at the grievance hearing. If If this is the first time you've met the member, you are inviting trouble. Big this is the first time you've met the member, you are inviting trouble. Big time. You should talk to the grievant face to face when you investigate the time. You should talk to the grievant face to face when you investigate the grievance and write it. grievance and write it. You should also talk to the grievant prior to the hearing to familiarize You should also talk to the grievant prior to the hearing to familiarize him/her with the process. When they walk into the room, they should feel him/her with the process. When they walk into the room, they should feel as comfortable as possible. They should know that yes, no, and I don't as comfortable as possible. They should know that yes, no, and I don't know are acceptable answers at a hearing. Describe the room to them, know are acceptable answers at a hearing. Describe the room to them, who will be there, and what they will be asked. who will be there, and what they will be asked. 9.  9.  Wait for the member to come to you with the problem.Wait for the member to come to you with the problem. If you do If you do this, you will never gain the respect of the membership you represent or this, you will never gain the respect of the membership you represent or the management you must deal with. Problems can often be resolved the management you must deal with. Problems can often be resolved before they explode into grievances. And members may not be as aware of before they explode into grievances. And members may not be as aware of contract violations and grievable issues as you are. contract violations and grievable issues as you are. 10. 10. Forget to take a breather.Forget to take a breather. This is intense work. Stewards work a This is intense work. Stewards work a full-time job and then take on their union responsibilities. This kind of full-time job and then take on their union responsibilities. This kind of existence is rewarding but is fraught with burn-out. Take time for yourself existence is rewarding but is fraught with burn-out. Take time for yourself and your family. and your family.

            

When Questioning by the Boss Could Lead to Discipline...  Ask When Questioning by the Boss Could Lead to Discipline...  Ask for a Union Stewardfor a Union StewardWhen management begins to ask you questions that could lead to your When management begins to ask you questions that could lead to your being disciplined, you don't have to face it alone. being disciplined, you don't have to face it alone. If you have a reasonable belief that answers you give could be used by the If you have a reasonable belief that answers you give could be used by the boss to discipline you, the U.S. Supreme Court says you can refuse to boss to discipline you, the U.S. Supreme Court says you can refuse to answer any questions until the union steward is on the scene and has had a answer any questions until the union steward is on the scene and has had a chance to talk things over with you first. chance to talk things over with you first. It's your right to have the steward present during the questioning to advise It's your right to have the steward present during the questioning to advise you, ask supervisors for clarifications, and provide additional information at you, ask supervisors for clarifications, and provide additional information at the end the end

    If you are called at home and asked the same kind of questions, you have a If you are called at home and asked the same kind of questions, you have a right to insist on waiting to answer them in the presence of a steward.right to insist on waiting to answer them in the presence of a steward.Once your union representative is allowed to participate, you are required Once your union representative is allowed to participate, you are required to answer the questions truthfully. to answer the questions truthfully. These protections are known as your These protections are known as your Weingarten rightsWeingarten rights--named after the --named after the 1975 case in which the court decided the rights exist. 1975 case in which the court decided the rights exist. The Weingarten ruling applies specifically to union members covered under The Weingarten ruling applies specifically to union members covered under the National Labor Relations Act. However, a similar right is often the National Labor Relations Act. However, a similar right is often negotiated into collective bargaining agreements covering Railway Labor negotiated into collective bargaining agreements covering Railway Labor Act (RLA) employees and public sector employees. (To find out if they are Act (RLA) employees and public sector employees. (To find out if they are covered, public sector employees and employees covered by the RLA covered, public sector employees and employees covered by the RLA should consult their local union.) should consult their local union.)

Make Sure That Members KnowMake Sure That Members Know When To Ask For A When To Ask For A

StewardSteward !!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!

What is a Grievance?What is a Grievance?Too often, a shop stewardToo often, a shop steward does not know the answerdoes not know the answer to this to this basic question. A member comes to you with a problem. basic question. A member comes to you with a problem. They spell out an incident, an event, or a problem and then They spell out an incident, an event, or a problem and then tell you to file their grievance.tell you to file their grievance.If you respond immediately, in the affirmative, better read If you respond immediately, in the affirmative, better read further.further.Shop stewards and local union officers are vested with the Shop stewards and local union officers are vested with the responsibility of enforcing the contract for everyone in the responsibility of enforcing the contract for everyone in the bargaining unit. That is a right we demand as a union when bargaining unit. That is a right we demand as a union when we organize workers. To enforce the contract, the union we organize workers. To enforce the contract, the union negotiates a grievance procedure which is the chief way, negotiates a grievance procedure which is the chief way, but not the only way, we can get justice for our members. but not the only way, we can get justice for our members. According to one survey, some 91 percent of surveyed According to one survey, some 91 percent of surveyed union contracts include a grievance procedure.union contracts include a grievance procedure.The first question we need to ask ourselves when a The first question we need to ask ourselves when a member comes to the steward with a problem is, "is this member comes to the steward with a problem is, "is this issue a grievance?" issue a grievance?"

The textbook definition of a grievance is The textbook definition of a grievance is a violation of the a violation of the terms of the contract or interpretation or application of the terms of the contract or interpretation or application of the contract.contract. So let's develop this definition a bit further.So let's develop this definition a bit further.A grievance is more than likely a violation of an employee's A grievance is more than likely a violation of an employee's rights on the job, a right that is usually, but not always rights on the job, a right that is usually, but not always defined by the contract. In seeing a grievance in this way, defined by the contract. In seeing a grievance in this way, we can understand better that the best place to look for a we can understand better that the best place to look for a way to defend the member is in the language of the way to defend the member is in the language of the contract. contract.

So for all practical purposes, every union officer must go So for all practical purposes, every union officer must go back to the contract first when a member comes in with a back to the contract first when a member comes in with a complaint or a problem. The contract provides us with the complaint or a problem. The contract provides us with the strongest ammunition in resolving the issue for our strongest ammunition in resolving the issue for our member.member.That is why That is why it is so critical to know your agreement and use it is so critical to know your agreement and use it as creatively as possible to write grievances. it as creatively as possible to write grievances.

Get It in WritingGet It in Writing  As shop stewards we spend a lot of time talking -- preaching As shop stewards we spend a lot of time talking -- preaching unionism; communicating important information about our unionism; communicating important information about our job; educating members about critical legislative issues; or job; educating members about critical legislative issues; or just telling members what they missed at the monthly union just telling members what they missed at the monthly union meeting.meeting.We live in a talking culture. We forget to put things down in We live in a talking culture. We forget to put things down in writing.writing.That's not what they teach in business school or in law school. That's not what they teach in business school or in law school. Supervisors and lawyers have been trained to put everything Supervisors and lawyers have been trained to put everything down on paper.down on paper.It allows them to control what is called the record. If you go It allows them to control what is called the record. If you go into a grievance meeting and your supervisor takes notes, into a grievance meeting and your supervisor takes notes, chances are those notes will form what is called the record of chances are those notes will form what is called the record of the meeting. Your memory and their memory can be faulted. the meeting. Your memory and their memory can be faulted. Notes cannot.Notes cannot.That is why it is important to get into the habit of buying a That is why it is important to get into the habit of buying a small notebook and using it in all of your capacities as a small notebook and using it in all of your capacities as a steward. Most important, use it while you are handling steward. Most important, use it while you are handling complaints and grievances.complaints and grievances.

The Grievance InterviewThe Grievance InterviewThe key to good grievance handling is a proper investigation and The key to good grievance handling is a proper investigation and that process should start with interviewing the member who that process should start with interviewing the member who comes to you with a problem. Based on this key interview, you comes to you with a problem. Based on this key interview, you will make a number of important decisions such as what to do will make a number of important decisions such as what to do with the problem, whether to investigate it further, and how to with the problem, whether to investigate it further, and how to resolve the issue.resolve the issue.The 5 W’sThe 5 W’s WhoWho -- is involved? Name's of the worker's and the basic work -- is involved? Name's of the worker's and the basic work information about the member's such as department, shift, job information about the member's such as department, shift, job title, seniority, employee number. Most of this information will title, seniority, employee number. Most of this information will also be needed on the grievance form. You also need to find out also be needed on the grievance form. You also need to find out some other information: some other information: WhoWho witnessed the incident or who else witnessed the incident or who else was involved? was involved? WhoWho from management was there? from management was there?WhenWhen -- did the incident or condition occur? Get dates and time -- did the incident or condition occur? Get dates and time as accurately as possible.as accurately as possible.WhatWhat -- happened or didn't happen? -- happened or didn't happen? WhaWhatt did the worker's do? did the worker's do? WhatWhat did management do or not do? did management do or not do? WhatWhat happened in the happened in the past? past? WhereWhere -- did the incident take place.-- did the incident take place.WhyWhy -- did the incident occur? In answering this question, you -- did the incident occur? In answering this question, you may have to sift conflicting opinion to get at the facts.may have to sift conflicting opinion to get at the facts.

More TipsMore Tips ► Do it in person and spend timeDo it in person and spend time ► Use the grievance investigation formUse the grievance investigation form ► Let the member tell the storyLet the member tell the story ► Follow upFollow up

Keep in mind two other questions:Keep in mind two other questions: 1.1. What elseWhat else ? ?2.2. HowHow ? ?

Handling GrievancesHandling GrievancesThere is no magic to handling grievances. Your membership There is no magic to handling grievances. Your membership expects you to give them a fair shake. That is one of the many expects you to give them a fair shake. That is one of the many functions of the union.functions of the union.Your ability and credibility are the strongest attributes you Your ability and credibility are the strongest attributes you possess to doing your job in a fair and professional manner.possess to doing your job in a fair and professional manner.To help you keep your eyes on the process and gain justice for To help you keep your eyes on the process and gain justice for your member, Here are 21 key points in grievance handling. Read your member, Here are 21 key points in grievance handling. Read them carefully and then read them again.them carefully and then read them again.  1.  Know your membership.  1.  Know your membership.  2.  Encourage your members to submit all grievances to their   2.  Encourage your members to submit all grievances to their representative.representative.  3.  Discourage members from shopping around for a   3.  Discourage members from shopping around for a representative to file representative to file their grievance.their grievance.  4.  If the member has a complaint, not a grievance, take the   4.  If the member has a complaint, not a grievance, take the time time to explain why it cannot be  processed as a grievance.to explain why it cannot be  processed as a grievance.  5.  Do not make promises you cannot keep.  5.  Do not make promises you cannot keep.  6.  Know your collective bargaining agreement. Read and reread   6.  Know your collective bargaining agreement. Read and reread it.it.  7.  Get all the relevant facts about a grievance and record them.  7.  Get all the relevant facts about a grievance and record them.  8.  Make sure the grievant knows what the issues are.  8.  Make sure the grievant knows what the issues are.  9.  Be honest with the grievant.  9.  Be honest with the grievant.10.  Separate personal vendettas from real grievances.10.  Separate personal vendettas from real grievances.

Handling Grievances continuedHandling Grievances continued11.  Plan your case and prepare at every stage.11.  Plan your case and prepare at every stage.12.  Keep the grievant informed at every stage.12.  Keep the grievant informed at every stage.13.  Try to settle the grievance early on.13.  Try to settle the grievance early on.14.  Discourage the member from discussing a grievance with 14.  Discourage the member from discussing a grievance with management.management.15.  Try to retain your member's confidence at all times.15.  Try to retain your member's confidence at all times.16.  Discourage your members from processing their own 16.  Discourage your members from processing their own grievances or settling privately grievances or settling privately        with management.       with management.17.  Listen to the grievant--know when he/she is telling the 17.  Listen to the grievant--know when he/she is telling the truth.truth.18.  If a worker has an obvious grievance and won't file it, find 18.  If a worker has an obvious grievance and won't file it, find out out why.why.19.  Do not take bad grievances.19.  Do not take bad grievances.20.  Keep written records of all conversations. You will need 20.  Keep written records of all conversations. You will need them.them.21.  Set up a filing system that works for you. 21.  Set up a filing system that works for you.

What Does "No" Really Mean?What Does "No" Really Mean? A member comes to you with what seems like a A member comes to you with what seems like a

clean grievance. They have been bypassed for clean grievance. They have been bypassed for overtime and according to your investigation they overtime and according to your investigation they were at the top of the list, but were never asked. were at the top of the list, but were never asked. Simple? Simple? You decide to meet and discuss the issue with You decide to meet and discuss the issue with management because it appears that the management because it appears that the supervisor committed some oversight here. But supervisor committed some oversight here. But when you get into the supervisor's office, he when you get into the supervisor's office, he begins to talk about emergency work and needing begins to talk about emergency work and needing to assign an available employee without going to to assign an available employee without going to the list. Your jaw begins to drop, the muscles the list. Your jaw begins to drop, the muscles tighten and it takes all your effort not to explode. tighten and it takes all your effort not to explode. You have just entered the world of grievance You have just entered the world of grievance denial. denial. What happened? What happened?

Bad decisionsBad decisions

Chances are the supervisor on duty made a poor decision Chances are the supervisor on duty made a poor decision and management is now using the emergency work excuse and management is now using the emergency work excuse as a cover. Of course the member has been wronged, but as a cover. Of course the member has been wronged, but management doesn't like to admit it made mistakes. So it management doesn't like to admit it made mistakes. So it compounds the mistake and gets the union members compounds the mistake and gets the union members angry. angry.

Here's another scenario. Your shop has enjoyed a practice Here's another scenario. Your shop has enjoyed a practice for many years. There is nothing in the contract that deals for many years. There is nothing in the contract that deals with the practice but a new supervisor decides to end it. with the practice but a new supervisor decides to end it. You protest through the grievance procedure and are told You protest through the grievance procedure and are told the grievance is denied. When you ask why, the supervisor the grievance is denied. When you ask why, the supervisor reads you the management rights clause of the agreement. reads you the management rights clause of the agreement.

Don't take no for an answerDon't take no for an answerWe have to live with bad answers and grievance denials but that We have to live with bad answers and grievance denials but that doesn't mean the process ends. Your first move is to explain to doesn't mean the process ends. Your first move is to explain to the grievant what just happened and make it clear that the union the grievant what just happened and make it clear that the union will not allow management to play games with his/her grievance. will not allow management to play games with his/her grievance. Next, you must research and document the grievance thoroughly, Next, you must research and document the grievance thoroughly, if you have not already done so. Make sure that your notes of the if you have not already done so. Make sure that your notes of the first level meeting go into the union's file in case the second step first level meeting go into the union's file in case the second step appeal is handled by a different union officer. Insure that record is appeal is handled by a different union officer. Insure that record is complete. Talk to the chief shop steward, executive board complete. Talk to the chief shop steward, executive board member, or local officer so that the proper person can make the member, or local officer so that the proper person can make the strongest case on appeal to the next step. strongest case on appeal to the next step. Always consider the reason for the denial but your rebuttal is not Always consider the reason for the denial but your rebuttal is not necessarily the primary argument. If a member is passed over for necessarily the primary argument. If a member is passed over for overtime and there was no real emergency, stick to your guns overtime and there was no real emergency, stick to your guns about the bypass. If the supervisor hides behind the management about the bypass. If the supervisor hides behind the management rights clause--and they often will--insist that the employer rights clause--and they often will--insist that the employer consider the practice as part of the unwritten agreement between consider the practice as part of the unwritten agreement between both sides. Show that the practice has been ongoing for a long both sides. Show that the practice has been ongoing for a long enough time period that it appears to reasonable people that this enough time period that it appears to reasonable people that this is the way both sides conduct their business. is the way both sides conduct their business.

What about no answer?What about no answer?Let's take a variation of this case. Suppose the supervisor doesn't Let's take a variation of this case. Suppose the supervisor doesn't answer your written grievance within the time limits set out in the answer your written grievance within the time limits set out in the agreement.  The union must then choose to move the grievance agreement.  The union must then choose to move the grievance up on appeal to the next step. up on appeal to the next step. In the space on the form for management's reply, write in that In the space on the form for management's reply, write in that still empty space, "not answered in a timely manner," and appeal still empty space, "not answered in a timely manner," and appeal to step 2. Do not miss out on the time limits. to step 2. Do not miss out on the time limits. When a supervisor does not reply to a grievance, it is usually When a supervisor does not reply to a grievance, it is usually because he or she is overworked, negligent, can't make a decision because he or she is overworked, negligent, can't make a decision or won't make a decision. I have heard senior management or won't make a decision. I have heard senior management complain that their worst nightmare in the grievance process is to complain that their worst nightmare in the grievance process is to go to arbitration where their lower people did not answer the go to arbitration where their lower people did not answer the appeals and the union progressed the grievance. Most of the appeals and the union progressed the grievance. Most of the time, they would settle the grievance to save face. time, they would settle the grievance to save face. Employers will go to the issue of time limits first when responding Employers will go to the issue of time limits first when responding to a grievance. And the language that justifies a rejection of the to a grievance. And the language that justifies a rejection of the grievance on the basis of missing the time limit is usually found in grievance on the basis of missing the time limit is usually found in the labor agreement. Good grievances--grievances with merit--the labor agreement. Good grievances--grievances with merit--can be lost when management sees that the union has missed can be lost when management sees that the union has missed time limits. time limits.

Keep appealingKeep appealing

The key is not to let management control the grievance procedure The key is not to let management control the grievance procedure through denial or refusals to reply. Their hope is that denial or through denial or refusals to reply. Their hope is that denial or silence might make the grievance go away. silence might make the grievance go away. As frustrating as these tactics are, they cannot be allowed to As frustrating as these tactics are, they cannot be allowed to divert the union from its primary task of defending members' divert the union from its primary task of defending members' rights on the job. rights on the job.    

Writing a GrievanceWriting a GrievanceOne of the most difficult jobs of any grievance One of the most difficult jobs of any grievance representative is writing a grievance. Many of our contracts representative is writing a grievance. Many of our contracts provide for the steward or representative to write the provide for the steward or representative to write the grievance on behalf of the member. By having the steward grievance on behalf of the member. By having the steward write the grievance, the union is better able to track the write the grievance, the union is better able to track the issue and control the grievance procedure. The member is issue and control the grievance procedure. The member is better represented and the process is used to build better represented and the process is used to build solidarity in the local union. solidarity in the local union.

►Your grievance formYour grievance form ►Be timelyBe timely ►Be briefBe brief ►The remedyThe remedy

Be timelyBe timelyYou must be timely in the presentation of your grievance. You must be timely in the presentation of your grievance. That means you should file it within the proper amount of That means you should file it within the proper amount of time that is stipulated in your contract. Be careful of time that is stipulated in your contract. Be careful of contract language. contract language. Working days and calendar days Working days and calendar days are different.are different. Filing after the knowledge of the occurrence Filing after the knowledge of the occurrence is different from having to file after the date of the incident.is different from having to file after the date of the incident.When you write the grievance, limit the statement to basic When you write the grievance, limit the statement to basic information. Provide only enough information to identify the information. Provide only enough information to identify the grievance so that management understands what the basic grievance so that management understands what the basic problem is, what violations have occurred and how the problem is, what violations have occurred and how the problem should be fixed.problem should be fixed.

Be briefBe briefYou are not obligated to tell management in a grievance all You are not obligated to tell management in a grievance all of the results of your investigation. Don't do their work for of the results of your investigation. Don't do their work for them.them.Omit the union's arguments, evidence and justification for Omit the union's arguments, evidence and justification for its position. You should save that for the grievance meeting. its position. You should save that for the grievance meeting. You don't need to tip your hand before you get to that You don't need to tip your hand before you get to that grievance meeting.  Avoid personal remarks. State the grievance meeting.  Avoid personal remarks. State the position of the union not opinions. Opinion words include "I position of the union not opinions. Opinion words include "I think," or "I believe." Avoid them.think," or "I believe." Avoid them.When stating why there is a grievance use the phrase When stating why there is a grievance use the phrase "management's action is in violation of the contract "management's action is in violation of the contract including Article VIII, Section 4 and 5." Allow for the including Article VIII, Section 4 and 5." Allow for the possibility that there could be other violations. possibility that there could be other violations.

The remedyThe remedyYou need a remedy in every grievance. By filing a grievance you You need a remedy in every grievance. By filing a grievance you are demanding that management right an injustice. Management are demanding that management right an injustice. Management will not give you anything. You've got to tell them what you want.will not give you anything. You've got to tell them what you want.When you write your remedy, don't limit it. In grievances that When you write your remedy, don't limit it. In grievances that involve money, benefits, or protests of discipline, use the phrase involve money, benefits, or protests of discipline, use the phrase "the grievant should be made whole in every way including . . . ." "the grievant should be made whole in every way including . . . ." Then ask for what you want.Then ask for what you want.The general phrase "made whole in every way," means that the The general phrase "made whole in every way," means that the grievant should receive any and all losses due to management's grievant should receive any and all losses due to management's action. The word "including" allows you to add specific remedies action. The word "including" allows you to add specific remedies later on in writing or in oral discussion with management.later on in writing or in oral discussion with management.Just because you use the phrase "made whole in every way," does Just because you use the phrase "made whole in every way," does not mean that management or even an arbitrator will search out not mean that management or even an arbitrator will search out the specific benefits management has denied your grievant. It is the specific benefits management has denied your grievant. It is up to you to list verbally or in writing any remedies not noted in up to you to list verbally or in writing any remedies not noted in the original grievance.the original grievance.Keep the grievant up to date on the process of the grievance. Your Keep the grievant up to date on the process of the grievance. Your job doesn't end when the form is filed. job doesn't end when the form is filed.

Resolving Issues EarlyResolving Issues Early

Why should issues be resolved early? Why should issues be resolved early? 1.  1.  Members see results quickly.Members see results quickly. Minor issues should be tackled Minor issues should be tackled and resolved immediately. This shows the member that the union and resolved immediately. This shows the member that the union can deliver. Needless delay over a resolvable issue demonstrates can deliver. Needless delay over a resolvable issue demonstrates weakness not strength. weakness not strength. 2.  2.  Justice delayed is justice denied.Justice delayed is justice denied. This is an old saying which This is an old saying which rings true today. How does it look to a member when a resolvable rings true today. How does it look to a member when a resolvable issue has to be processed in a way that takes months? issue has to be processed in a way that takes months? 3.  3.  Resolving issues at an early stage builds up a relationship with Resolving issues at an early stage builds up a relationship with your counterpart in supervision.your counterpart in supervision. It means that the issue doesn't go It means that the issue doesn't go downtown or off the property and that makes the supervisor look downtown or off the property and that makes the supervisor look good. This can also serve as the confidence building process which good. This can also serve as the confidence building process which allows for other issues to be tackled. allows for other issues to be tackled. 4.  4.  Reducing the issue to a written grievanceReducing the issue to a written grievance often forces both often forces both sides to posture and become inflexible. sides to posture and become inflexible. 5.  5.  Issues that could be handled by discussionIssues that could be handled by discussion can become costly can become costly grievances. grievances.

AA Dozen Points on Grievance PresentationDozen Points on Grievance Presentation Many stewards do the basic work of grievance preparation. They listen to the Many stewards do the basic work of grievance preparation. They listen to the grievant, investigate the issue and then decide whether the problem is grievant, investigate the issue and then decide whether the problem is grievable under the contract.grievable under the contract.Once the decision is made to go ahead with the grievance, the steward Once the decision is made to go ahead with the grievance, the steward usually requests a meeting with his or her counterpart in management. The usually requests a meeting with his or her counterpart in management. The grievance is then presented in an oral or written form.grievance is then presented in an oral or written form.Here are some hints on what to do prior to and at that meeting.Here are some hints on what to do prior to and at that meeting.1.1.   Prepare the case beforehand.Prepare the case beforehand. Have your facts down in writing. Organize and understand your notes to Have your facts down in writing. Organize and understand your notes to guide your presentation. Be confident. Anticipate the company's argument guide your presentation. Be confident. Anticipate the company's argument and have your answers ready. Make an effort to talk to the worker alone and have your answers ready. Make an effort to talk to the worker alone before you meet the supervisor.before you meet the supervisor.Talk the case over, if necessary, with other representatives, your committee Talk the case over, if necessary, with other representatives, your committee people, or others who might help you.people, or others who might help you.2.2.   Avoid arguments among union people in the presence of the Avoid arguments among union people in the presence of the company.company. Once you are in the meeting with management, maintain a united union Once you are in the meeting with management, maintain a united union front. If you have a difference of opinion during a meeting, take a recess and front. If you have a difference of opinion during a meeting, take a recess and iron the problem out in private. It does not look unprofessional to call a short iron the problem out in private. It does not look unprofessional to call a short recess. If the grievant looks as if he or she is damaging the case, stop the recess. If the grievant looks as if he or she is damaging the case, stop the meeting and ask for a short break until things calm down.meeting and ask for a short break until things calm down.3.3.   Stick to the point, avoid getting led off on side issues by the Stick to the point, avoid getting led off on side issues by the company.company. Insist on discussing the issue raised by the grievance only, nothing else.Insist on discussing the issue raised by the grievance only, nothing else.Take notes during the conference.Take notes during the conference.4.  4.  Get the main point of the company's argument.Get the main point of the company's argument. Try to narrow the area of difference between union and company. Listen Try to narrow the area of difference between union and company. Listen intently and look for solutions to the problem that the company may feel it intently and look for solutions to the problem that the company may feel it can only reveal by subtle implications, hints, indirect suggestions, or body can only reveal by subtle implications, hints, indirect suggestions, or body language.language.

5.  5.  Disagree with dignity.Disagree with dignity. Avoid getting excited, angry or hostile. On rare occasions, after you have Avoid getting excited, angry or hostile. On rare occasions, after you have reasoned that there would be an advantage to the union, such behavior reasoned that there would be an advantage to the union, such behavior may be advisable. The steward is cautioned to keep him/herself under may be advisable. The steward is cautioned to keep him/herself under complete control less he/she lose the advantage. Don't get goaded into complete control less he/she lose the advantage. Don't get goaded into anger. When the company has no case at all, they may try to provoke you.anger. When the company has no case at all, they may try to provoke you.6.6.   Avoid unnecessary delays. Justice delayed is justice denied.Avoid unnecessary delays. Justice delayed is justice denied. If the company asks for more time, try to determine whether it is an If the company asks for more time, try to determine whether it is an attempt to stall or it is based on a sincere desire for more facts needed to attempt to stall or it is based on a sincere desire for more facts needed to settle the case. If the company is not trying to stall, you should grant a settle the case. If the company is not trying to stall, you should grant a reasonable extension. You may need to go back to the company on reasonable extension. You may need to go back to the company on another grievance and ask for more time.another grievance and ask for more time.But when company delays are intentional, the more time that passes, the But when company delays are intentional, the more time that passes, the "cooler" the grievance becomes and the less support you will get from the "cooler" the grievance becomes and the less support you will get from the worker or workers involved. The more grievances that are piled up in the worker or workers involved. The more grievances that are piled up in the procedure, the more likely that the company will try to "horse-trade" a procedure, the more likely that the company will try to "horse-trade" a settlement of a few grievances for dropping of others.settlement of a few grievances for dropping of others.7.  7.  Settle the grievances at the lowest possible step of the Settle the grievances at the lowest possible step of the grievance machinery.grievance machinery. But make sure they are properly settled. It helps to build better But make sure they are properly settled. It helps to build better relationships in the department. The union representative will feel like the relationships in the department. The union representative will feel like the vital part of the union that he/she is.  The union representative also wins vital part of the union that he/she is.  The union representative also wins respect from the members of his/her department. Don't pass the buck. If respect from the members of his/her department. Don't pass the buck. If you can settle the grievance in the first step, do so.you can settle the grievance in the first step, do so.8.8.   The burden of proof is on the supervisor.The burden of proof is on the supervisor. In discipline cases, this is true. In money grievances, you might try to apply In discipline cases, this is true. In money grievances, you might try to apply the same strategy. Let the supervisor try to justify and prove that the the same strategy. Let the supervisor try to justify and prove that the action he/she has taken is correct. Don't try to show where he or she is action he/she has taken is correct. Don't try to show where he or she is wrong. Let the supervisor first carry the burden of proof in telling you how wrong. Let the supervisor first carry the burden of proof in telling you how he/she is right.he/she is right.

9.9.    Avoid bluffing.Avoid bluffing. It is only a matter of time until your bluff is called; it is in the long run It is only a matter of time until your bluff is called; it is in the long run wiser to develop a reputation for honesty.wiser to develop a reputation for honesty.10. 10.  Maintain your position on a grievance until proven wrong.Maintain your position on a grievance until proven wrong. Avoid hasty conclusions that you were wrong. Take time to give the Avoid hasty conclusions that you were wrong. Take time to give the matter considerable thought.matter considerable thought.11.11.    Be prompt...Follow the grievance through.Be prompt...Follow the grievance through. Refer the grievance to the next step when not settled. Give the Refer the grievance to the next step when not settled. Give the representative above you all the facts; also the arguments used in representative above you all the facts; also the arguments used in your discussion with the supervisor. Don't allow the grievance to lay your discussion with the supervisor. Don't allow the grievance to lay around.around.Delayed grievances mean delayed justice. Keep a constant check on Delayed grievances mean delayed justice. Keep a constant check on the progress of the grievance and at what step it is. Report back to the the progress of the grievance and at what step it is. Report back to the grievant and the department--they're concerned too.grievant and the department--they're concerned too.12.12.    Enforce the contract!Enforce the contract! Contract administration is a day-to-day activity and should involve the Contract administration is a day-to-day activity and should involve the stewards and the rank-and-file. The best contract in the world has no stewards and the rank-and-file. The best contract in the world has no value if the workers and the union representatives do not require the value if the workers and the union representatives do not require the company to live up to its terms.company to live up to its terms.   

Ten Rules to Prepare Witnesses for the Grievance HearingTen Rules to Prepare Witnesses for the Grievance HearingLast week you went to a disciplinary hearing in which you presented the case Last week you went to a disciplinary hearing in which you presented the case for the union. Your case rested on the testimony of another member who you for the union. Your case rested on the testimony of another member who you brought to the hearing. Then management questioned the same member. All brought to the hearing. Then management questioned the same member. All of a sudden he got flustered and backtracked on the story. The witness no of a sudden he got flustered and backtracked on the story. The witness no longer sounded credible, even to you. What happened? longer sounded credible, even to you. What happened? A disciplinary case will be judged on the facts and you must present those A disciplinary case will be judged on the facts and you must present those facts through documents and witnesses. When you use a witness you must facts through documents and witnesses. When you use a witness you must make sure of the witnesses' story. A solid grievance investigation including make sure of the witnesses' story. A solid grievance investigation including good interviewing techniques are basic to this process. But there is more. good interviewing techniques are basic to this process. But there is more. A good grievance is only as good as the witnesses and the grievant. You A good grievance is only as good as the witnesses and the grievant. You must insure that the story they tell is consistent and they stick to it. That must insure that the story they tell is consistent and they stick to it. That means you must adhere to the following rules in preparing your witness. means you must adhere to the following rules in preparing your witness. 1.  1.  Know what your witness will say.Know what your witness will say. Once you have interviewed the witness, Once you have interviewed the witness, sit down with him or her and tell them the questions you will ask. Plan those sit down with him or her and tell them the questions you will ask. Plan those questions according to the information the witness has offered. questions according to the information the witness has offered. 2.  2.  Go through a dry run of your questions ahead of time.Go through a dry run of your questions ahead of time. The questions and The questions and answers at this stage are meant to increase their comfort level, not to put answers at this stage are meant to increase their comfort level, not to put words in their mouth or get them to memorize their story. Anyone can see words in their mouth or get them to memorize their story. Anyone can see through a concocted story or one too-well rehearsed. through a concocted story or one too-well rehearsed. 3.  3.  Tell the witness what they can expect in their cross examination by Tell the witness what they can expect in their cross examination by management.management. Give them some possible company questions ahead of time Give them some possible company questions ahead of time and see how they respond. Tell them you will make sure that the company and see how they respond. Tell them you will make sure that the company does not go off base on their questions. does not go off base on their questions. 4.  4.  Answers should be brief and non-technical.Answers should be brief and non-technical. Tell them not to argue. Tell them not to argue.

5.  5.  Witnesses must not be evasive.Witnesses must not be evasive. If they cannot remember or do not know, If they cannot remember or do not know, they must say so. "I don't know," or "I can't remember" are perfectly reasonable they must say so. "I don't know," or "I can't remember" are perfectly reasonable answers. They do not necessarily weaken a witnesses' story despite what they answers. They do not necessarily weaken a witnesses' story despite what they might think. "No" and "yes" are also respectable replies to questions. might think. "No" and "yes" are also respectable replies to questions.

6.  6.  When the company questions the witness on cross-examination, answers When the company questions the witness on cross-examination, answers should be as short as possible.should be as short as possible. Do not let your witnesses do the work for the Do not let your witnesses do the work for the company. Make the company prove their case. company. Make the company prove their case. 7.  7.  If the witness is sure of the facts,If the witness is sure of the facts, tell them to use words like "I remember." tell them to use words like "I remember." Words like, "I think" or "I believe" are weak and do not necessarily indicate facts. Words like, "I think" or "I believe" are weak and do not necessarily indicate facts.

8.  8.  Don't let witnesses get shaken by cross-examination.Don't let witnesses get shaken by cross-examination. When you have a When you have a particularly strong witness, management may try to get the member excited, particularly strong witness, management may try to get the member excited, make them lose their temper or get careless with an answer. What they are make them lose their temper or get careless with an answer. What they are trying to do is destroy a witness' credibility. Step in to prevent this. Don't let your trying to do is destroy a witness' credibility. Step in to prevent this. Don't let your witnesses be hounded or badgered. Don't let anyone put words in their mouth. witnesses be hounded or badgered. Don't let anyone put words in their mouth. 9.  9.  During your interview with the witness, walk them through the entire hearing.During your interview with the witness, walk them through the entire hearing. They have to know ahead of time what to expect. Describe to them the physical They have to know ahead of time what to expect. Describe to them the physical layout of the room, who will be there, and what will happen. The more they know layout of the room, who will be there, and what will happen. The more they know ahead of time, the more comfortable they will be. ahead of time, the more comfortable they will be. 10.  10.  In any proceeding, tell the witness to admit, if asked, that they have spoken In any proceeding, tell the witness to admit, if asked, that they have spoken with you ahead of time.with you ahead of time. Don't let them think that the interview conference isn't Don't let them think that the interview conference isn't part of the process. If they are asked, "What did your union representative tell part of the process. If they are asked, "What did your union representative tell you to say at the hearing," the proper reply is, "He/she told me to tell the truth." you to say at the hearing," the proper reply is, "He/she told me to tell the truth." Disciplinary hearings are uncomfortable and stressful events for members and Disciplinary hearings are uncomfortable and stressful events for members and witnesses. Once you realize this fact, witnesses. Once you realize this fact, you must try to do everything in your you must try to do everything in your power to make your people more comfortable.power to make your people more comfortable. Following these 10 simple rules Following these 10 simple rules will help. will help.

SEVEN WAYS TO LOSE A WINNING GRIEVANCESEVEN WAYS TO LOSE A WINNING GRIEVANCEWhat's worse than losing a grievance? It's losing a grievance that What's worse than losing a grievance? It's losing a grievance that you and everyone else knew was a 100 percent sure winner.you and everyone else knew was a 100 percent sure winner.Losing "sure winners" happens every day -- not because of the Losing "sure winners" happens every day -- not because of the quality of the grievance, but because of the way the union handles quality of the grievance, but because of the way the union handles it. Making a fundamental error or forgetting a basic detail can it. Making a fundamental error or forgetting a basic detail can snatch defeat from the jaws of victory. snatch defeat from the jaws of victory. Here are seven sure fire ways to lose even the best grievance. Here are seven sure fire ways to lose even the best grievance.

1.1. Missing a Deadline Missing a Deadline 2.2. Wait Until Somebody Brings the Issue to YouWait Until Somebody Brings the Issue to You 3.3. Fail to Arrange for Witnesses to Attend Fail to Arrange for Witnesses to Attend

HearingsHearings4.4. Don't Prepare Your WitnessesDon't Prepare Your Witnesses 5.5. Fail to Cite the Most Compelling Section of Fail to Cite the Most Compelling Section of

the Contractthe Contract 6.6. Get PersonalGet Personal7.7. Figure Out What Winning Really Means After Figure Out What Winning Really Means After

It's Too LateIt's Too Late

1.1.    Missing a DeadlineMissing a DeadlineIf you were management, would you give the union a little slack if they tiled an If you were management, would you give the union a little slack if they tiled an appeal too late -- especially on a case that was going to cost the employer either a appeal too late -- especially on a case that was going to cost the employer either a lot of money, authority or embarrassment? No way.lot of money, authority or embarrassment? No way.If you have to do something within a certain time frame, get it done. It could be filing If you have to do something within a certain time frame, get it done. It could be filing a document, preparing for a hearing, submitting a brief or filling out a form. It makes a document, preparing for a hearing, submitting a brief or filling out a form. It makes no difference. The longer you wait, the greater the chance that you'll miss the no difference. The longer you wait, the greater the chance that you'll miss the deadline and lose your case.deadline and lose your case.2. 2.  Wait Until Somebody Brings the Issue to YouWait Until Somebody Brings the Issue to YouJust because nobody brought a problem to your attention earlier doesn't mean the Just because nobody brought a problem to your attention earlier doesn't mean the union shouldn't have known about it. If it started happening a year ago, and nobody union shouldn't have known about it. If it started happening a year ago, and nobody made it an issue until recently, it may be too late to do something.made it an issue until recently, it may be too late to do something.That's why somebody, preferably a group of stewards, needs to examine changes in That's why somebody, preferably a group of stewards, needs to examine changes in the workplace as they are happening. Can management do that under the terms of the workplace as they are happening. Can management do that under the terms of the contract? Does it hurt employees? Is it legal? If you wait until someone complains the contract? Does it hurt employees? Is it legal? If you wait until someone complains about it, it may be too late.about it, it may be too late.3.3.    Fail to Arrange for Witnesses to Attend HearingsFail to Arrange for Witnesses to Attend HearingsYou may have a fantastic eyewitness who will verify everything the grievant alleges. You may have a fantastic eyewitness who will verify everything the grievant alleges. But if you wait until the last minute to notify the eyewitness about a hearing date, But if you wait until the last minute to notify the eyewitness about a hearing date, you may find that he or she is out of town, in the hospital, or just plain unreachable. you may find that he or she is out of town, in the hospital, or just plain unreachable. Then where will you be with no corroborating testimony?Then where will you be with no corroborating testimony?Be sure your witness knows when and where the hearing is, too. Witnesses aren't Be sure your witness knows when and where the hearing is, too. Witnesses aren't much good if they show up at the wrong place or time to testify.much good if they show up at the wrong place or time to testify.

4.4.    Don't Prepare Your WitnessesDon't Prepare Your WitnessesThere's nothing like the sinking feeling you get in a grievance session when a grievant or There's nothing like the sinking feeling you get in a grievance session when a grievant or witness says something that destroys your case. Go over every question you will ask witness says something that destroys your case. Go over every question you will ask beforehand. Witnesses shouldn't volunteer information. Their answers should be short, beforehand. Witnesses shouldn't volunteer information. Their answers should be short, factual, and to the point.factual, and to the point.

5. 5.  Fail to Cite the Most Compelling Section of the Contract Fail to Cite the Most Compelling Section of the ContractSome people routinely add the words "other related sections" to the part of the grievance Some people routinely add the words "other related sections" to the part of the grievance form that asks you to specify the contract section that was violated.  Later in the grievance form that asks you to specify the contract section that was violated.  Later in the grievance process, somebody may figure out that some other section of the contract provides a process, somebody may figure out that some other section of the contract provides a stronger argument.  Always check the full contract first.  Talk it over with someone else stronger argument.  Always check the full contract first.  Talk it over with someone else who knows the agreement.  Cite all the articles that reasonably seem to apply.  But if you who knows the agreement.  Cite all the articles that reasonably seem to apply.  But if you can hold open your options (by listing "and other related sections") until you are asked to can hold open your options (by listing "and other related sections") until you are asked to be more specific, you may buy some time to strengthen your case.be more specific, you may buy some time to strengthen your case.6.6.    Get PersonalGet PersonalIt lessens your victory if management drags out the grievance process needlessly long. If It lessens your victory if management drags out the grievance process needlessly long. If they stall things because they think they can win, there's not much you can do. But when they stall things because they think they can win, there's not much you can do. But when they do it just out of spite and personal animosity, maybe you could have prevented it by they do it just out of spite and personal animosity, maybe you could have prevented it by keeping the grievance process strictly professional and not a grudge match between two keeping the grievance process strictly professional and not a grudge match between two individuals.individuals.Winning is its own reward. You were right and management has to acknowledge it. Don't Winning is its own reward. You were right and management has to acknowledge it. Don't give them an unnecessary reason to postpone the final resolution.give them an unnecessary reason to postpone the final resolution.7.7.    Figure Out What Winning Really Means After It's Too LateFigure Out What Winning Really Means After It's Too Late"Winning" is not always as clear as it"Winning" is not always as clear as it seems. sometimes winning means getting redress -seems. sometimes winning means getting redress -that is, undoing a wrong or that is, undoing a wrong or  winning some sort of compensation for the victim. In other winning some sort of compensation for the victim. In other cases winning means setting a precedent for the future. In yet other cases, winning may cases winning means setting a precedent for the future. In yet other cases, winning may be seen as holding management accountable for its actions -- an apology, public be seen as holding management accountable for its actions -- an apology, public acknowledgment that they were wrong or embarrassment of a particularly authoritarian acknowledgment that they were wrong or embarrassment of a particularly authoritarian boss. Know what kind of win you want when you start the process, because these goals boss. Know what kind of win you want when you start the process, because these goals may be competing -- or even exclusive of each other. You may "win" the grievance, in the may be competing -- or even exclusive of each other. You may "win" the grievance, in the formal sense. But if you didn't demand the right resolution, it probably won't feel like much formal sense. But if you didn't demand the right resolution, it probably won't feel like much of a victory. of a victory.

When the Member Doesn't Have a GrievanceWhen the Member Doesn't Have a Grievance For most shop stewards, the process of handling grievances For most shop stewards, the process of handling grievances is pretty routine. We are out there on the property, every is pretty routine. We are out there on the property, every day making sure that management holds to the agreement.day making sure that management holds to the agreement.And when the member comes to us with a problem, we And when the member comes to us with a problem, we check it out. We do the proper grievance investigation to check it out. We do the proper grievance investigation to determine whether the issue is really grievable under our determine whether the issue is really grievable under our agreement.agreement.But what happens when we do all we can but the problem But what happens when we do all we can but the problem is not a real live grievance? It's happened to all of us. Your is not a real live grievance? It's happened to all of us. Your coworker--someone you've worked with for ten years asks coworker--someone you've worked with for ten years asks you to file the grievance that just isn't a grievance.you to file the grievance that just isn't a grievance.What do you do?What do you do?Let's start with what you shouldn't do. Don't file the Let's start with what you shouldn't do. Don't file the complaint or issue if you know it isn't really a grievance. If complaint or issue if you know it isn't really a grievance. If you do, you are transmitting three pretty poor messages.you do, you are transmitting three pretty poor messages.

Wrong MessageWrong MessageFirst, the member thinks you can actually achieve something with First, the member thinks you can actually achieve something with the grievance procedure that it isn't designed to do. The member the grievance procedure that it isn't designed to do. The member gets the impression that the grievance is a lottery and every entry gets the impression that the grievance is a lottery and every entry has equal weight. That simply isn't true and it is isn't fair to the has equal weight. That simply isn't true and it is isn't fair to the member or to other members. Besides you raise expectations which member or to other members. Besides you raise expectations which you can't fulfill.you can't fulfill.Second, it damages your credibility with management. Part of the Second, it damages your credibility with management. Part of the goal of grievance handling is to resolve problems; and grievance goal of grievance handling is to resolve problems; and grievance resolution needs the cooperation of both sides. If you go to resolution needs the cooperation of both sides. If you go to management with lousy grievances, you will quickly lose the management with lousy grievances, you will quickly lose the company's respect. Your judgment will be called into question when company's respect. Your judgment will be called into question when you present other issues which might be very legitimate grievances.you present other issues which might be very legitimate grievances.Lastly, filing frivolous or poor grievances can make management Lastly, filing frivolous or poor grievances can make management retaliate and poison the relationship with the union on even larger retaliate and poison the relationship with the union on even larger issues.issues.What should you do?What should you do?Tell the member straight out that the problem isn't grievable under Tell the member straight out that the problem isn't grievable under the contract. Explain why. Don't take for granted that members the contract. Explain why. Don't take for granted that members understand the union's role in handling grievances and what the understand the union's role in handling grievances and what the repercussions are for filing frivolous ones. Explain what the process repercussions are for filing frivolous ones. Explain what the process can achieve and what it can't. Talk about the bottom line issue of can achieve and what it can't. Talk about the bottom line issue of justice for all members.justice for all members.

Don't procrastinateDon't procrastinateDon't procrastinate but deliver the news directly and Don't procrastinate but deliver the news directly and sympathetically. Expect some emotional heat at this discussion, but sympathetically. Expect some emotional heat at this discussion, but listen sympathetically so long as you personally don't have to bear listen sympathetically so long as you personally don't have to bear the brunt of any outburst.the brunt of any outburst.Also keep good notes as to your decision and if there is a stewards' Also keep good notes as to your decision and if there is a stewards' meeting at the local, make it part of your report so that the member meeting at the local, make it part of your report so that the member does not go shopping around for another steward to file the does not go shopping around for another steward to file the grievance.grievance.Try to resolve the issueTry to resolve the issueSee in what other ways you can resolve the issue.  There is no See in what other ways you can resolve the issue.  There is no reason why you can't go with the member to discuss the issue with reason why you can't go with the member to discuss the issue with supervision. If the issue is serious enough, discuss it with your supervision. If the issue is serious enough, discuss it with your officers to come up with a strategy to deal with it.officers to come up with a strategy to deal with it.If the problem is a personal one, direct the member to a union If the problem is a personal one, direct the member to a union counselor or other appropriate services that are available to the counselor or other appropriate services that are available to the members.  members.  Saying no to the member about filing a grievance is one of the Saying no to the member about filing a grievance is one of the toughest responsibilities you have as a shop steward. Some toughest responsibilities you have as a shop steward. Some members will never be satisfied with the answer. But for most members will never be satisfied with the answer. But for most members, some demonstration of concern and possible resolution members, some demonstration of concern and possible resolution will go a long way in building the local union. will go a long way in building the local union.

The Disciplinary InterviewThe Disciplinary InterviewWhen any local union examines the number of grievances filed in a year, they usually When any local union examines the number of grievances filed in a year, they usually report that most of the paperwork deals with the issue of discipline. report that most of the paperwork deals with the issue of discipline. While we don't often challenge the right of management to issue rules, we are more likely While we don't often challenge the right of management to issue rules, we are more likely to challenge the manner in which management enforces the rules. to challenge the manner in which management enforces the rules. In most cases of discipline, members have a right to a fair investigation and a hearing on In most cases of discipline, members have a right to a fair investigation and a hearing on the alleged infraction. the alleged infraction. While details and procedures may differ in certain contracts, there are some basic rules While details and procedures may differ in certain contracts, there are some basic rules which apply to all disciplinary hearings. which apply to all disciplinary hearings. 1.1. The member should always ask for union representation.The member should always ask for union representation. First and foremost, if a member is called into any labor-management meeting in which he First and foremost, if a member is called into any labor-management meeting in which he or she feels that discipline may be assessed as an outcome of the meeting, they should ask or she feels that discipline may be assessed as an outcome of the meeting, they should ask for a union steward to be present. for a union steward to be present. This is right that a local union must make clear to its members. This is right that a local union must make clear to its members. Contracts and bargaining laws may differ as to how that right should be exercised, but the Contracts and bargaining laws may differ as to how that right should be exercised, but the bottom line is that no member should go into this kind of meeting without union bottom line is that no member should go into this kind of meeting without union representation. representation. Few members are well-versed in their contractual rights, work rules, and limitations on Few members are well-versed in their contractual rights, work rules, and limitations on managements' rights as a union officer. A steward has protected rights at any labor-managements' rights as a union officer. A steward has protected rights at any labor-management meeting when acting as a union representative. A member does not. That management meeting when acting as a union representative. A member does not. That means a steward can say things and act in the kind of advocacy role that a member means a steward can say things and act in the kind of advocacy role that a member cannot. And that role is protected usually by law and/or contract. cannot. And that role is protected usually by law and/or contract. A steward has two key roles at any disciplinary hearing: (1) to protect the member, (2) to A steward has two key roles at any disciplinary hearing: (1) to protect the member, (2) to protect the union and the contract. These roles are inter-related. protect the union and the contract. These roles are inter-related.

2.2. What should the member do if the meeting is not a formal one?What should the member do if the meeting is not a formal one? Unfortunately, many meetings which result in discipline do not appear to be Unfortunately, many meetings which result in discipline do not appear to be formal hearings when they start. A member might be pulled aside by a formal hearings when they start. A member might be pulled aside by a supervisor who asks, "Would you mind stepping into my office for a minute?" supervisor who asks, "Would you mind stepping into my office for a minute?" A member should always question the nature of the meeting. "What's up?" is A member should always question the nature of the meeting. "What's up?" is the usual response. A better answer might be, "I will comply with your request if the usual response. A better answer might be, "I will comply with your request if you tell me what is the nature of the meeting." or "Sure, just tell me what's this you tell me what is the nature of the meeting." or "Sure, just tell me what's this all about." all about." If the supervisor's answer in any way indicates that the supervisor may be If the supervisor's answer in any way indicates that the supervisor may be investigating an incident, reviewing a record, or if you feel that the meeting or investigating an incident, reviewing a record, or if you feel that the meeting or its outcome in any way will take the direction of discipline, the member must its outcome in any way will take the direction of discipline, the member must ask to have a union representative present. ask to have a union representative present. If the member is unsure of the content of the meeting, he or she should still ask If the member is unsure of the content of the meeting, he or she should still ask for a union representative to be present. Denial of that request under certain for a union representative to be present. Denial of that request under certain laws and contracts is grievable and can (although not always) mitigate the laws and contracts is grievable and can (although not always) mitigate the discipline assessed over the alleged offense. discipline assessed over the alleged offense. 3.3. What should the steward do if the meeting has already started?What should the steward do if the meeting has already started? There will be times when the member does not exercise his or her right to There will be times when the member does not exercise his or her right to representation at a disciplinary meeting. If the shop steward finds out and sees representation at a disciplinary meeting. If the shop steward finds out and sees the supervisor's door closed, the steward should knock at the door and request the supervisor's door closed, the steward should knock at the door and request that the supervisor inform the member that a union officer is outside waiting to that the supervisor inform the member that a union officer is outside waiting to sit in at the meeting. sit in at the meeting. If the request is denied, document the denial in writing and ask the supervisor to If the request is denied, document the denial in writing and ask the supervisor to sign it. What you are doing is creating a record that the supervisor is denying sign it. What you are doing is creating a record that the supervisor is denying the member his or her rights to representation. the member his or her rights to representation.

Preparing Discipline CasesPreparing Discipline CasesA majority of all grievance cases handled by local unions concern some form of discipline A majority of all grievance cases handled by local unions concern some form of discipline -- alleged absenteeism, poor job performance, insubordination, or inappropriate work -- alleged absenteeism, poor job performance, insubordination, or inappropriate work behavior. The percentage of disciplinary cases can range as high as 70-80 percent of all behavior. The percentage of disciplinary cases can range as high as 70-80 percent of all grievances. This means that shop stewards and local union grievance officers must grievances. This means that shop stewards and local union grievance officers must spend a lot of time handling these cases.spend a lot of time handling these cases.In the long term, they must also develop strategies to handle management at the local In the long term, they must also develop strategies to handle management at the local level to prevent such cases from even arising.level to prevent such cases from even arising.Steward and leadership training concerns both these issues. This column will address Steward and leadership training concerns both these issues. This column will address the issue of actually handling the disciplinary grievance.the issue of actually handling the disciplinary grievance.Key is CredibilityKey is CredibilityFor the union, discipline cases deal often with the issue of credibility - whether the For the union, discipline cases deal often with the issue of credibility - whether the member's version of what happened can be reasonably believed. The issue must be member's version of what happened can be reasonably believed. The issue must be handled by the local union in such a way so that if the case was to be submitted to handled by the local union in such a way so that if the case was to be submitted to arbitration, the union side would be believed by the neutral.arbitration, the union side would be believed by the neutral.This means that the grievant story must be constantly tested to determine exactly what This means that the grievant story must be constantly tested to determine exactly what happened. It's human nature to be emotionally involved in an incident. A grievant might happened. It's human nature to be emotionally involved in an incident. A grievant might describe what happened to himself or herself but their choice of words might give an describe what happened to himself or herself but their choice of words might give an inaccurate description of the chain of events.inaccurate description of the chain of events.Or they may stretch the truth in order to get you to believe them. Details of Or they may stretch the truth in order to get you to believe them. Details of conversations might be invented. The member might mistakenly place a witness closer conversations might be invented. The member might mistakenly place a witness closer to the incident than they actually were.to the incident than they actually were.Check the storyCheck the storyA steward must constantly go over the story, checking every aspect of it. Challenge the A steward must constantly go over the story, checking every aspect of it. Challenge the story as you would expect management to challenge it. Explain to the member that you story as you would expect management to challenge it. Explain to the member that you are not doing this to undermine him or her, but to help put forward the strongest case.are not doing this to undermine him or her, but to help put forward the strongest case.Try to find other credible witnesses who support the grievant story. Different witnesses Try to find other credible witnesses who support the grievant story. Different witnesses see the same event differently. Don't be surprised at this.see the same event differently. Don't be surprised at this.Talk to the supervisor or company witnesses beforehand. Check out their story and write Talk to the supervisor or company witnesses beforehand. Check out their story and write it down. You might need to refer back to these conversations at the disciplinary hearing it down. You might need to refer back to these conversations at the disciplinary hearing or grievance appeal. If you can show that the supervisor said one thing to you at your or grievance appeal. If you can show that the supervisor said one thing to you at your meeting and then he or she contradicts this story at a hearing, you begin to build a case meeting and then he or she contradicts this story at a hearing, you begin to build a case that questions the supervisor's credibility.that questions the supervisor's credibility.

Check RecordsCheck RecordsAs a representative of the union, you have a right to the member's personnel record. As a representative of the union, you have a right to the member's personnel record. Employers may have specific procedural policies about getting the record, but you need it Employers may have specific procedural policies about getting the record, but you need it prior to any meeting with management.prior to any meeting with management.If you can't get it in time, request a postponement of the meeting without prejudice to the If you can't get it in time, request a postponement of the meeting without prejudice to the negotiated time limits on hearings or grievance appeals. In most cases management will negotiated time limits on hearings or grievance appeals. In most cases management will be reasonable about postponements because they may at some other time come to the be reasonable about postponements because they may at some other time come to the union with a similar request.union with a similar request.Make certain that the member's record is accurate. If there are entries on the record Make certain that the member's record is accurate. If there are entries on the record which should have been removed after a certain time period (some contracts have time which should have been removed after a certain time period (some contracts have time limits for adverse entries), hold the employer to those time limits.limits for adverse entries), hold the employer to those time limits.Employers use personnel records to build their case against a member.Employers use personnel records to build their case against a member.Check the Contract and Rule BookCheck the Contract and Rule BookHold the employer to the same standard that they use on union members. Refer to the Hold the employer to the same standard that they use on union members. Refer to the contract and rule book to see if there was a violation. Even if there was a violation of the contract and rule book to see if there was a violation. Even if there was a violation of the rule book by the member, the rule must reasonable and known. Ignorance of the rule book by the member, the rule must reasonable and known. Ignorance of the employer's rule is not a strong defense, but there may be some mitigating circumstance employer's rule is not a strong defense, but there may be some mitigating circumstance such as poor communication of the rule by the company.such as poor communication of the rule by the company.If the rule is not reasonable or related to the work, safety of others, or company image, If the rule is not reasonable or related to the work, safety of others, or company image, you may be able to argue that the grievant should not be held culpable.you may be able to argue that the grievant should not be held culpable.Is the Employer Consistent?Is the Employer Consistent?Compare the member's actions with others. Make sure that he or she did not do things Compare the member's actions with others. Make sure that he or she did not do things any different or worse than others who were not disciplined at all or received a lesser any different or worse than others who were not disciplined at all or received a lesser penalty. You may be able to argue that the company is being arbitrary or discriminatory.penalty. You may be able to argue that the company is being arbitrary or discriminatory.Look for MotiveLook for MotiveIn cases of insubordination, check to see if the grievant was provoked or tried to defend In cases of insubordination, check to see if the grievant was provoked or tried to defend himself or herself. Consider the supervisor's motive. Was the member being set up?himself or herself. Consider the supervisor's motive. Was the member being set up?Your role is to build the strongest case for the member and that means making a Your role is to build the strongest case for the member and that means making a believable case.believable case.   

The Steward's Role at a HearingThe Steward's Role at a Hearing The nature and procedures of disciplinary hearings are governed by The nature and procedures of disciplinary hearings are governed by law, contracts, and/or procedures. law, contracts, and/or procedures. In general, the steward should follow these guidelines at a hearing: In general, the steward should follow these guidelines at a hearing:  1. 1. Speak to the member prior to the hearing.Speak to the member prior to the hearing. If it is a formal If it is a formal disciplinary hearing with a notice, check the notice and proceed with disciplinary hearing with a notice, check the notice and proceed with an investigation of the alleged infraction. If you are called in at the an investigation of the alleged infraction. If you are called in at the last minute, seek a postponement so that you can make a proper last minute, seek a postponement so that you can make a proper investigation. If the meeting is informal, make sure the member has investigation. If the meeting is informal, make sure the member has time to talk with you ahead of time or take a recess to get some time to talk with you ahead of time or take a recess to get some understanding as to what happened. understanding as to what happened. 2.2.    Prior to the hearing, inform the memberPrior to the hearing, inform the member who will be present, how who will be present, how the meeting will be conducted and what he/she should expect. the meeting will be conducted and what he/she should expect. 3.  3.  Get as much information as you can beforehand.Get as much information as you can beforehand. Do not let the Do not let the employer withhold information. If they do, speak to your local union. employer withhold information. If they do, speak to your local union. Document any denials of information in writing and get it on the Document any denials of information in writing and get it on the record. record. 4.4.    If there are any witnesses at the meeting or hearing you should If there are any witnesses at the meeting or hearing you should question them as you see fit.question them as you see fit. In most formal hearings, the process of In most formal hearings, the process of questioning the company's witness is called cross-examination. You questioning the company's witness is called cross-examination. You have a right to ask these witnesses questions to determine the have a right to ask these witnesses questions to determine the accuracy of their testimony and their biases. Your rights to accuracy of their testimony and their biases. Your rights to questioning should not be interfered with by management. If you are questioning should not be interfered with by management. If you are denied that right, make sure that such denial is entered on the denied that right, make sure that such denial is entered on the record. record.

5.5.    It is perfectly proper for members to answer questions with, It is perfectly proper for members to answer questions with, "yes," "no," or "I don't know.""yes," "no," or "I don't know." Once the member has answered a Once the member has answered a question, he/she is under no obligation to elaborate. question, he/she is under no obligation to elaborate.

6.  At most hearings the 6.  At most hearings the steward can take as active a role as steward can take as active a role as he/she sees fit. he/she sees fit. 7.  You can 7.  You can stop the meetingstop the meeting at any time to speak privately with at any time to speak privately with the member. the member. 8.  8.  Take notesTake notes or bring in a second person to take notes. or bring in a second person to take notes. 9.  Do not rely on the 9.  Do not rely on the supervisor's notes.  supervisor's notes.  10. 10. The written record is important.The written record is important. It documents what actually It documents what actually was said, not what was allegedly said. Cases have been won and was said, not what was allegedly said. Cases have been won and lost on the accuracy of the record. lost on the accuracy of the record. 11. 11. The bottom line is to make sure that the member is treated as The bottom line is to make sure that the member is treated as fairly as possiblefairly as possible under circumstances that are heavily weighted under circumstances that are heavily weighted against him/her. You must handle all discipline as if the case will against him/her. You must handle all discipline as if the case will go to arbitration. Remember, even if the investigation does not go go to arbitration. Remember, even if the investigation does not go the way you had hoped, you can challenge the discipline, how the way you had hoped, you can challenge the discipline, how management conducted itself through the process, or the just management conducted itself through the process, or the just clause section of your contract by appealing through your clause section of your contract by appealing through your grievance procedure.grievance procedure.

Documenting Discipline:Documenting Discipline:What the Bosses DoWhat the Bosses Do

  

For those stewards who question why documentation in their grievance work is For those stewards who question why documentation in their grievance work is necessary, I would like to share with you some information which is put out by human necessary, I would like to share with you some information which is put out by human resource managers. These are the folks who counsel supervisors how to enforce the resource managers. These are the folks who counsel supervisors how to enforce the infamous rule book our members must live by. This material is from their training. infamous rule book our members must live by. This material is from their training. According to one source, their primary reason for documentation is to avoid lawsuits. According to one source, their primary reason for documentation is to avoid lawsuits. By logical extension, in a unionized environment, they use documentation to weaken By logical extension, in a unionized environment, they use documentation to weaken our challenges in the hearings or the grievance procedure. our challenges in the hearings or the grievance procedure. 1.1.  Outline only the critical facts:  Outline only the critical facts: Disciplinary memos should have no opinion, only Disciplinary memos should have no opinion, only facts which can be verified by documentation and interviews. facts which can be verified by documentation and interviews. 2.2.    The 5W's:The 5W's: Just as we use the 5W's for grievance investigation so should Just as we use the 5W's for grievance investigation so should supervisors use this form of investigation to assess discipline. Who is involved in the supervisors use this form of investigation to assess discipline. Who is involved in the rule violation, when did it occur, what rule was violated, where did it occur, what rule violation, when did it occur, what rule was violated, where did it occur, what discipline should be imposed and why is it appropriate? discipline should be imposed and why is it appropriate? 3.3.    Identify the rule:Identify the rule: The clearest case for discipline is a specific rule violation. If the The clearest case for discipline is a specific rule violation. If the supervisor cannot come up with one and is disciplining on some subjective standard supervisor cannot come up with one and is disciplining on some subjective standard such as "poor judgment" he/she needs to match that charge against what is such as "poor judgment" he/she needs to match that charge against what is understood to be an accepted standard of behavior or performance. The less precise understood to be an accepted standard of behavior or performance. The less precise the write up; the stronger challenge we have in the grievance procedure. the write up; the stronger challenge we have in the grievance procedure. 4.4.    Show that the rules was communicated to the employee:Show that the rules was communicated to the employee: This clearly comes under This clearly comes under the topic of just cause. Employees cannot be expected to follow rules if they do not the topic of just cause. Employees cannot be expected to follow rules if they do not know what they are. Supervisors are told to show how the rule was conveyed to the know what they are. Supervisors are told to show how the rule was conveyed to the employee.  employee.  5.5.    Bring out the record:Bring out the record: Major violations aside (fighting, insubordination, theft), Major violations aside (fighting, insubordination, theft), disciplinary action can involve repetitive violations such as lateness, poor work disciplinary action can involve repetitive violations such as lateness, poor work performance or attendance. Managers are counseled to produce the record showing performance or attendance. Managers are counseled to produce the record showing previous related violations including discipline and/or counseling. previous related violations including discipline and/or counseling. The key for union stewards is that the record must be related to the alleged violation The key for union stewards is that the record must be related to the alleged violation and it must be timely. Check the time limits spelled out in the contract.  If there is a and it must be timely. Check the time limits spelled out in the contract.  If there is a two year limit, then violations beyond the two year limit should be pulled. Also, we two year limit, then violations beyond the two year limit should be pulled. Also, we often are presented with an entire work record which the employer then uses to often are presented with an entire work record which the employer then uses to characterize the member as "having a poor work attitude." Don't let this happen. characterize the member as "having a poor work attitude." Don't let this happen.

6.6.    Document the record:Document the record: Managers should attach any record related to the rule violation Managers should attach any record related to the rule violation to the disciplinary memo. This is important. It is used to justify progressive discipline. to the disciplinary memo. This is important. It is used to justify progressive discipline. Attach copies of the rule violation in itself or incorporate it into the memo. Attach copies of the rule violation in itself or incorporate it into the memo. 7.7.    Describe the business reason for enforcing the rule:Describe the business reason for enforcing the rule: clarify for all concerned why the clarify for all concerned why the rule exists. This is particularly important in a non-union setting when an employee rule exists. This is particularly important in a non-union setting when an employee chooses to go to court to challenge discipline. chooses to go to court to challenge discipline. 8. 8.  Make clear what are any future expectations:Make clear what are any future expectations: Again this is legal cover so that Again this is legal cover so that discipline is not viewed as punitive. The expectation can simply be a restatement of the discipline is not viewed as punitive. The expectation can simply be a restatement of the rule. rule. 9.9.    Show how the employer will help:Show how the employer will help: This goes to the issue of reforming inappropriate This goes to the issue of reforming inappropriate behavior and reasonableness on the part of the employer. One management document behavior and reasonableness on the part of the employer. One management document states: "Judges and juries like to review disciplinary documentation which indicates that states: "Judges and juries like to review disciplinary documentation which indicates that an employer is willing to help the employee solve the problem." The memo might an employer is willing to help the employee solve the problem." The memo might mention additional training or more frequent employer evaluation of work performance. mention additional training or more frequent employer evaluation of work performance. 10.10. Date the document and identify the author:Date the document and identify the author: If a supervisor ghost writes the memo If a supervisor ghost writes the memo for a manager's signature, the manager must be apprised of the content of the for a manager's signature, the manager must be apprised of the content of the document he/she is signing. document he/she is signing. 11.11. Get the employee to sign the document:Get the employee to sign the document: This is to indicate receipt of the memo. It This is to indicate receipt of the memo. It does not mean agreement with the substance of the memo. Refusals to sign must be does not mean agreement with the substance of the memo. Refusals to sign must be noted for the record to indicate that the employee was present with the memo. noted for the record to indicate that the employee was present with the memo. Our contention is that there are often two sides to a story and we want the record to Our contention is that there are often two sides to a story and we want the record to reflect it. This is the time we should try to get our version of the story on the record. If reflect it. This is the time we should try to get our version of the story on the record. If you can get your version on the same form, fine. But some managers will not allow this. you can get your version on the same form, fine. But some managers will not allow this. So you should get them to attach a statement to the form or letter. If this is rejected, So you should get them to attach a statement to the form or letter. If this is rejected, make a copy of the union statement and file it with the union. It will then be included in make a copy of the union statement and file it with the union. It will then be included in the union record if the discipline is grieved. the union record if the discipline is grieved. 12.12. Keep records confidential:Keep records confidential: Only those managers who need to know should have a Only those managers who need to know should have a copy of the memo. copy of the memo. Advice for the steward: Hold the company to this policy. Advice for the steward: Hold the company to this policy. By understanding how managers think and why they respond to alleged disciplinary By understanding how managers think and why they respond to alleged disciplinary infractions in a specific way, we can be prepared to respond in an appropriate manner. infractions in a specific way, we can be prepared to respond in an appropriate manner.    

Insubordination - A Dozen Questions to AskInsubordination - A Dozen Questions to AskOne of the most troubling and difficult issues for the shop steward is One of the most troubling and difficult issues for the shop steward is the issue of insubordination. Many contracts say in clear language the issue of insubordination. Many contracts say in clear language that an employee can be disciplined and discharged for that an employee can be disciplined and discharged for insubordination. insubordination. For employers, insubordination is considered one of the deadly sins, For employers, insubordination is considered one of the deadly sins, right up there with theft and violence. They will be hard-nosed and right up there with theft and violence. They will be hard-nosed and unforgiving on the issue. That is why for almost every discipline case unforgiving on the issue. That is why for almost every discipline case involving insubordination arbitrators hold to the rule "obey now, involving insubordination arbitrators hold to the rule "obey now, grieve later." grieve later." But in the heat of an argument or in situations where a member may But in the heat of an argument or in situations where a member may be provoked beyond all common sense, the thought of filing a be provoked beyond all common sense, the thought of filing a grievance over the issue may be furthermost from their mind. grievance over the issue may be furthermost from their mind. Let's go over some of the basics here. First, insubordination is usually Let's go over some of the basics here. First, insubordination is usually defined as the failure by an employee to perform a task or comply defined as the failure by an employee to perform a task or comply with an order given to him or her by a supervisor. An arbitrator will with an order given to him or her by a supervisor. An arbitrator will usually look at an employee's compliance with a reasonable order as usually look at an employee's compliance with a reasonable order as basic to the conduct of the employer's business. Arbitrators take the basic to the conduct of the employer's business. Arbitrators take the issue of insubordination very seriously and consider it a major issue of insubordination very seriously and consider it a major infraction beyond the rules of progressive discipline. infraction beyond the rules of progressive discipline. Simply put, refuse a reasonable order and you can be discharged. Simply put, refuse a reasonable order and you can be discharged. Life, however, is never that simple. There are a number of issues Life, however, is never that simple. There are a number of issues which must be taken into consideration in any insubordination case. which must be taken into consideration in any insubordination case.

1.  1.  Was the employee given a direct order?Was the employee given a direct order? Mere instructions, Mere instructions, suggestions, and/or advice are not the same as a direct order. A suggestions, and/or advice are not the same as a direct order. A smart supervisor will say in no uncertain terms, "I am giving smart supervisor will say in no uncertain terms, "I am giving you a direct order to complete that job." you a direct order to complete that job." 2.  2.  Was the member aware that he or she was given a direct Was the member aware that he or she was given a direct order?order? A member may not have understood that the language A member may not have understood that the language used by the supervisor was a direct order. used by the supervisor was a direct order. 3.  3.  Was the language clear?Was the language clear? For example, a member might be For example, a member might be told to stop smoking. As part of their job, they may go to told to stop smoking. As part of their job, they may go to another location in the facility and light up another cigarette. another location in the facility and light up another cigarette. Caught smoking a second time, the supervisor might discipline Caught smoking a second time, the supervisor might discipline them for disobeying an order. But how clear was the original them for disobeying an order. But how clear was the original order? The employee might have thought that he had to stop order? The employee might have thought that he had to stop smoking at his original work location only. smoking at his original work location only. 4.  4.  Was the order audible?Was the order audible? Many of our members work in very Many of our members work in very noisy locations. noisy locations. 5.  5.  Was the member given forewarning of the consequence of a Was the member given forewarning of the consequence of a refusal to follow the order?refusal to follow the order? A smart supervisor will use words A smart supervisor will use words that clearly indicate a disciplinary consequence will follow the that clearly indicate a disciplinary consequence will follow the refusal to obey the order: "If you do not comply with my order, I refusal to obey the order: "If you do not comply with my order, I will take you out of service." will take you out of service."

6.  6.  Did the employee willfully disobey or disregard the order?Did the employee willfully disobey or disregard the order? Most cases Most cases demand that the refusal to follow an order be willful. A member may say that demand that the refusal to follow an order be willful. A member may say that she was provoked by a supervisor, by abusive language for example. If a she was provoked by a supervisor, by abusive language for example. If a member comes to you with that kind of defense, you must dig down deep to member comes to you with that kind of defense, you must dig down deep to find out why. In most cases, provocation is viewed by an arbitrator as a way of find out why. In most cases, provocation is viewed by an arbitrator as a way of lessening the discipline, but not overturning it. An exception to this might be if lessening the discipline, but not overturning it. An exception to this might be if the order was an affront to the basic dignity of the member. Racist or anti-the order was an affront to the basic dignity of the member. Racist or anti-union comments in the form of an order, for example, have no place in the union comments in the form of an order, for example, have no place in the shop and should be reported immediately to the union for action. shop and should be reported immediately to the union for action. 7.  7.  Was there an ongoing dispute between supervisor and member?Was there an ongoing dispute between supervisor and member? If this can If this can be documented over a period of time, the issue may be harassment. But to be documented over a period of time, the issue may be harassment. But to prove harassment, you need clear documentation from the member of prove harassment, you need clear documentation from the member of instances where he or she was picked on. instances where he or she was picked on. 8.  8.  Was the supervisor being unreasonable?Was the supervisor being unreasonable? The supervisor may have had a The supervisor may have had a tough deadline to meet for production and a small incident set him or her off. tough deadline to meet for production and a small incident set him or her off. The likely target becomes the member who just happens to appear in the The likely target becomes the member who just happens to appear in the cross hairs. cross hairs. 9.  9.  Was the order reasonable and necessary to the safe, orderly and efficient Was the order reasonable and necessary to the safe, orderly and efficient operation of the business?operation of the business? Did the order violate the contract, work rules, past Did the order violate the contract, work rules, past practice, past arbitration decisions, or the law? practice, past arbitration decisions, or the law? 10. 10. Did the member feel that complying with the order would endanger Did the member feel that complying with the order would endanger himself or herself and his/her coworkers?himself or herself and his/her coworkers? The right to refuse dangerous work The right to refuse dangerous work is upheld by the Occupational Safety and Health Act. You must make your is upheld by the Occupational Safety and Health Act. You must make your members aware whether they are covered by this language or state statute members aware whether they are covered by this language or state statute that is similar. If the work is unsafe, a member must report it and ask that it that is similar. If the work is unsafe, a member must report it and ask that it be made safe. Rather than an outright refusal, safer language might be, "I will be made safe. Rather than an outright refusal, safer language might be, "I will comply with you request when the unsafe condition is corrected." comply with you request when the unsafe condition is corrected."

11. 11. Was the member set up?Was the member set up? This has happened often enough to This has happened often enough to make us suspicious of employer motives. If you are suspicious of the make us suspicious of employer motives. If you are suspicious of the situation, make a thorough investigation. Check for witnesses and situation, make a thorough investigation. Check for witnesses and motive. Recreate the incident as accurately as possible. motive. Recreate the incident as accurately as possible. 12. 12. Did the charge of insubordination arise out of the member Did the charge of insubordination arise out of the member executing his/her role as a union officer?executing his/her role as a union officer? If the member is a shop If the member is a shop steward and got into a shouting match with the supervisor at a steward and got into a shouting match with the supervisor at a grievance meeting, the steward's conduct is protected. In cases of grievance meeting, the steward's conduct is protected. In cases of union duties, the steward or officer is an equal of management in union duties, the steward or officer is an equal of management in labor-management issues and cannot be disciplined for exercising labor-management issues and cannot be disciplined for exercising that role. that role. As a shop steward, As a shop steward, you need to thoroughly investigate all charges of you need to thoroughly investigate all charges of insubordination.insubordination. In certain cases, you may be able to lessen the In certain cases, you may be able to lessen the punishment, particularly punishment, particularly if the employer is inconsistent in applying if the employer is inconsistent in applying standards of behaviorstandards of behavior to your unit. But that means your local needs to your unit. But that means your local needs to keep excellent records. Also, a good work record may mitigate to keep excellent records. Also, a good work record may mitigate punishment in borderline insubordination cases. punishment in borderline insubordination cases. The bottom line is that as a communicator, you must tell all The bottom line is that as a communicator, you must tell all members never to refuse a properly worded direct order.members never to refuse a properly worded direct order. Check with Check with a union officer before considering disobeying the order, even those a union officer before considering disobeying the order, even those health and safety orders. Lastly, a member can safely obey most health and safety orders. Lastly, a member can safely obey most orders and grieve later. orders and grieve later.

How Can They Make My Life Miserable? How Can They Make My Life Miserable? There are many ways a supervisor can make your life miserable. There are many ways a supervisor can make your life miserable. Let's take a look at some of the ways management can try to wreck Let's take a look at some of the ways management can try to wreck the grievance procedure and what you can do to counter them. the grievance procedure and what you can do to counter them. 1.  1.  The stall:The stall: No it's not a piece of plumbing. This strategy is No it's not a piece of plumbing. This strategy is designed to make you wait. Your supervisor never replies to your designed to make you wait. Your supervisor never replies to your request for a meeting or worse, never answers the first step request for a meeting or worse, never answers the first step grievance. grievance. It is used for a variety of reasons, but the bottom line is that your It is used for a variety of reasons, but the bottom line is that your request for some action is ignored. The tactic is frustrating and request for some action is ignored. The tactic is frustrating and demanding. Your response should always be business-like. If the demanding. Your response should always be business-like. If the request for a meeting goes unheeded, make it again. If it is ignored request for a meeting goes unheeded, make it again. If it is ignored a second time, put the request in writing with a copy to the union a second time, put the request in writing with a copy to the union and the supervisor's boss. and the supervisor's boss. If the issue is a response to a grievance, chances are the boss is If the issue is a response to a grievance, chances are the boss is trying to get you to miss your time limits. Never let that happen. If trying to get you to miss your time limits. Never let that happen. If you do not get an answer within the time limits set out in the you do not get an answer within the time limits set out in the contract, appeal the grievance to step two with a note that the first contract, appeal the grievance to step two with a note that the first step grievance was not answered in a timely fashion. Document step grievance was not answered in a timely fashion. Document your action and make sure the local union is aware of the problem. your action and make sure the local union is aware of the problem. The second step appeal is made by a union officer so follow your The second step appeal is made by a union officer so follow your local's procedure, and don't miss your deadline because of the stall. local's procedure, and don't miss your deadline because of the stall.

2.  2.  The blow out:The blow out: In this scenario, the boss wants you to lose In this scenario, the boss wants you to lose your cool, usually at the grievance meeting. You could be your cool, usually at the grievance meeting. You could be ridiculed, ignored, yelled at -- anything to get you hot enough ridiculed, ignored, yelled at -- anything to get you hot enough so that your emotions and not your intelligence rules. When so that your emotions and not your intelligence rules. When you get angry, you forget your game plan and the meeting you get angry, you forget your game plan and the meeting ends as a shouting match. ends as a shouting match. Sometimes the boss will aim the strategy at the grievant. Sometimes the boss will aim the strategy at the grievant. Have you ever been at a meeting when the supervisor turns Have you ever been at a meeting when the supervisor turns to your member and says something like this: "Did you really to your member and says something like this: "Did you really think you could get away with that?" Or "Aren't you old think you could get away with that?" Or "Aren't you old enough to know better?" Lines like this are designed to get enough to know better?" Lines like this are designed to get the member angry enough to say something they should not. the member angry enough to say something they should not. The member might disclose something on record which does The member might disclose something on record which does not even belong in the meeting or they might lose their cool not even belong in the meeting or they might lose their cool and become insubordinate. and become insubordinate. At the grievance meeting, do the talking. Tell the member At the grievance meeting, do the talking. Tell the member what to expect and not to get flustered or angry with any what to expect and not to get flustered or angry with any question which is asked. Educate the member before you go question which is asked. Educate the member before you go into the meeting. You can stop the meeting at any time to into the meeting. You can stop the meeting at any time to regroup and cool things down. regroup and cool things down.

3.  3.  The trade.The trade. Formally called horse-trading, this tactic has nothing to do Formally called horse-trading, this tactic has nothing to do with ponies. It is an attempt by management to get something before with ponies. It is an attempt by management to get something before they give something. You may be asked to give on one grievance to get they give something. You may be asked to give on one grievance to get a settlement on another. Never fall for this ploy. Decide all grievances a settlement on another. Never fall for this ploy. Decide all grievances on their merit. Horse-trading is an area in which the local union can on their merit. Horse-trading is an area in which the local union can incur liability. incur liability. 4.  4.  Divide and conquer:Divide and conquer: A house divided on itself will not stand. And A house divided on itself will not stand. And neither will a local union. Never allow any member to be played off neither will a local union. Never allow any member to be played off against another. Never air disagreements in front of management. Have against another. Never air disagreements in front of management. Have your discussion outside the room, out of earshot. your discussion outside the room, out of earshot. 5.  5.  Side Issue.Side Issue. Here, the supervisor will bring up extraneous issues, Here, the supervisor will bring up extraneous issues, other grievances, or the latest new company rule. If the meeting has other grievances, or the latest new company rule. If the meeting has been called to discuss a grievance, redirect the conversation back to the been called to discuss a grievance, redirect the conversation back to the issue at hand, over and over again. Don't get sidetracked. Keep control issue at hand, over and over again. Don't get sidetracked. Keep control of the meeting. of the meeting. 6.  6.  Shifting the burden of proof.Shifting the burden of proof. This is often used in a disciplinary This is often used in a disciplinary hearing or appeal. Management is charging the member with some kind hearing or appeal. Management is charging the member with some kind of infraction. Under the general rules of discipline, they must prove their of infraction. Under the general rules of discipline, they must prove their case. Let them speak and prove their case. This doesn't mean you stay case. Let them speak and prove their case. This doesn't mean you stay stone silent during the meeting. You should play a very active role in stone silent during the meeting. You should play a very active role in defending the member, but it is the employer's job to carry the burden defending the member, but it is the employer's job to carry the burden of proof. of proof. These are six tactics that are used by management at the grievance These are six tactics that are used by management at the grievance meeting. They may be used to test the new steward; or to take control meeting. They may be used to test the new steward; or to take control of the procedure back from the local union which has been successful in of the procedure back from the local union which has been successful in using it. Don't be fooled. Be forewarned and prepared. using it. Don't be fooled. Be forewarned and prepared.

Theodore RooseveltTheodore Roosevelt - - “It is not the critic who counts; “It is not the critic who counts; not the man who points out how the strong man not the man who points out how the strong man stumbles, or where the doer of deeds could have stumbles, or where the doer of deeds could have done them better. The credit belongs to the man done them better. The credit belongs to the man who is actually in the arena, whose face is who is actually in the arena, whose face is marred by dust and sweat and blood, who marred by dust and sweat and blood, who strives valiantly;  who errs and comes short strives valiantly;  who errs and comes short again and again; because there is not effort again and again; because there is not effort without error and shortcomings; but who does without error and shortcomings; but who does actually strive to do the deed; who knows the actually strive to do the deed; who knows the great enthusiasm, the great devotion, who great enthusiasm, the great devotion, who spends himself in a worthy cause, who at the spends himself in a worthy cause, who at the best knows in the end the triumph of high best knows in the end the triumph of high achievement and who at the worst, if he fails, at achievement and who at the worst, if he fails, at least he fails while daring greatly. So that his least he fails while daring greatly. So that his place shall never be with those cold and timid place shall never be with those cold and timid souls who know neither victory nor defeat.”souls who know neither victory nor defeat.”